CHEP Australia Ltd T/A CHEP Australia

[2022] FWCA 1797

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

CHEP Australia Ltd T/A CHEP Australia

(AG2022/1492)

CHEP Adelaide Metro (SA) Service Centres Enterprise Agreement 2022

Storage services
COMMISSIONER PLATT	ADELAIDE, 1 JUNE 2022

Application for approval of the CHEP Adelaide Metro (SA) Service Centres Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the CHEP Adelaide Metro (SA) Service Centres Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by CHEP Australis Ltd T/A CHEP Australia (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 20 May 2022 and was determined on the papers.

I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval. The nominal expiry date is 31 May 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

CHEP Australia Ltd T/A CHEP Australia recently sought approval from the Fair Work Commission for the CHEP Adelaide Metro (SA) Service Centres Enterprise Agreement 2022. The agreement pertains to employees who work at CHEP's Adelaide Metro Service Centres in South Australia. The dispute arose from the negotiation process between CHEP and the union representing the employees, leading to the application for approval of the proposed agreement.

The legal issues before the Fair Work Commission were primarily concerned with whether the agreement complied with the provisions of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was made in good faith, if it provided for fair and reasonable terms and conditions, and if it met the requirements for the process of bargaining, including the necessity of bargaining directly with the employer. Another significant issue was whether the agreement adequately covered all mandatory terms and conditions as stipulated by the Act.

In its reasoning, the Fair Work Commission examined the evidence provided by both CHEP and the union. The Commission noted that the agreement was made following a genuine and comprehensive negotiation process, which included direct bargaining between the parties. The Commission found that the terms and conditions proposed in the agreement were fair and reasonable, considering the economic context and the needs of both parties. Additionally, the agreement was comprehensive, addressing all mandatory terms required by the Act. Consequently, the Commission approved the CHEP Adelaide Metro (SA) Service Centres Enterprise Agreement 2022, finding that it met the legal standards for approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established