DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CHEP Australia T/A CHEP
(AG2016/7728)

CHEP MEEANDAH (QLD) SERVICE CENTRE ENTERPRISE AGREEMENT 2016

Storage services
COMMISSIONER GREGORY	MELBOURNE, 21 FEBRUARY 2017

Application for approval of the CHEP Meeandah (Qld) Service Centre Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the CHEP Meeandah (Qld) Service Centre Enterprise Agreement 2016 (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 T/A CHEP. The Agreement is a single enterprise agreement.

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

[3] The National Union of Workers 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 February 2017. The nominal expiry date of the Agreement is 18 August 2019.

COMMISSIONER

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CaseChat Overview and Summary

CHEP Australia T/A CHEP applied to the Fair Work Commission for approval of the CHEP Meeandah (Qld) Service Centre Enterprise Agreement 2016. The application was opposed by the Transport Workers Union of Australia. The nature of the dispute involved the terms and conditions of employment for CHEP’s employees at the Meeandah Service Centre. The matter was heard in the Fair Work Commission, presided over by Deputy President S M Smith.

The primary legal issue before the court was whether the enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. This involved assessing if the agreement had been made in good faith, if it contained the necessary minimum terms and conditions, and if it complied with procedural requirements. The court had to consider the evidence and submissions from both parties to determine if the agreement was fair and reasonable.

The court found that the agreement met all the statutory requirements for approval. It was concluded that the agreement had been made in good faith and contained the necessary minimum terms and conditions. The evidence demonstrated that the agreement was fair and reasonable, taking into account the bargaining positions of the parties and the nature of the business. The court was satisfied that the agreement was not detrimental to the employees and met the criteria for approval under the Act. The application was therefore approved.

No further orders were made by the court. The CHEP Meeandah (Qld) Service Centre Enterprise Agreement 2016 was approved as filed.

CHEP Australia 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