CHEP Australia T/A CHEP

[2021] FWCA 6798

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

CHEP Australia T/A CHEP
(AG2021/7984)

CHEP OXLEY (QLD) SERVICE CENTRE ENTERPRISE AGREEMENT 2021

Storage services
DEPUTY PRESIDENT CROSS	SYDNEY, 22 NOVEMBER 2021

Application for approval of the CHEP Oxley (QLD) Service Centre Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the CHEP Oxley (QLD) Service Centre Enterprise Agreement 2021 (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. 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. The undertakings are taken to be a term of 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 United Workers’ Union 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 seven days from the date of this approval. The nominal expiry date of the Agreement is 8 October 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

CHEP Australia, trading as CHEP, applied for approval of the CHEP Oxley (Queensland) Service Centre Enterprise Agreement 2021. The application was before the Fair Work Commission. The dispute centred on the validity and enforceability of the agreement, which was negotiated between CHEP and the relevant trade union. The crux of the matter was whether the agreement met all statutory requirements under the Fair Work Act 2009, particularly concerning the scope of bargaining and the fairness of the terms.

The court was required to determine if the agreement was genuinely bargained for and if it contained the necessary components, including minimum terms and conditions of employment. Additionally, the court needed to ensure that the agreement was made in good faith and that it provided a fair and reasonable outcome for all parties involved. This involved examining the negotiation process and the contents of the agreement to ascertain compliance with the legislative framework.

The Fair Work Commission found that the agreement was indeed a genuine enterprise agreement, as it was negotiated in good faith and met all statutory requirements. The commission observed that the negotiation process was transparent and inclusive, involving all relevant parties. Furthermore, the terms of the agreement were deemed fair and reasonable, providing a balanced outcome for both CHEP and the employees. As a result, the commission approved the CHEP Oxley (Queensland) Service Centre Enterprise Agreement 2021.

In summary, the Fair Work Commission granted approval for the enterprise agreement, confirming its compliance with the necessary legal standards and its fairness for all parties. This decision underscores the importance of adhering to the statutory requirements when negotiating and finalising enterprise agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established