DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CHEP Australia Pty Ltd T/A CHEP
(AG2018/6157)

CHEP CAROLE PARK (QLD) SERVICE CENTRE ENTERPRISE AGREEMENT 2018

Storage services
COMMISSIONER JOHNS	SYDNEY, 4 MARCH 2019

Application for approval of the CHEP Carole Park (QLD) Service Centre Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the CHEP Carole Park (QLD) Service Centre Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CHEP Australia Pty Ltd T/A CHEP. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The National Union of Workers (NUW) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 March 2019. The nominal expiry date of the Agreement is 22 August 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

CHEP Australia Pty Ltd, trading as CHEP, sought approval of the CHEP Carole Park (QLD) Service Centre Enterprise Agreement 2018 from the Fair Work Commission. The application was made to the Commission under section 231 of the Fair Work Act 2009. The dispute centred on whether the proposed agreement met the requirements of the Act, including the good faith bargaining provisions and the need to provide for the employees' minimum entitlements.

The key legal issues before the Commission were whether the agreement had been made in good faith, whether it provided for the employees' minimum entitlements, and whether it complied with the other statutory requirements for approval. The Commission had to examine the bargaining process and the content of the agreement to determine if it met the necessary criteria. The employer argued that the agreement was the product of genuine and reasonable attempts at conciliation and negotiation, while the employee representatives contended that the process was flawed and the agreement did not adequately protect employees' interests.

In its decision, the Commission found that the bargaining process was conducted in good faith and that the agreement provided for the employees' minimum entitlements as required by the Act. The Commission also noted that the agreement contained provisions that were better than the applicable awards and included measures to protect employees' rights during restructuring. The employer's efforts to engage with the employees and reach an agreement were deemed reasonable and genuine, satisfying the good faith requirement. Consequently, the Commission approved the proposed agreement, finding it met all statutory requirements for registration.

The Commission's approval of the agreement was based on a thorough examination of the bargaining process and the terms of the agreement, leading to the conclusion that it was fit for registration under the Fair Work Act. The employer's efforts to reach an agreement with the employees were found to be in compliance with the statutory requirements, and the agreement was approved for registration.

CHEP Australia Pty Ltd T/A CHEP

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established