DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CHEP Australia T/A CHEP
(AG2016/7165)

CHEP KEWDALE (WA) SERVICE CENTRE ENTERPRISE AGREEMENT 2016

Storage services
COMMISSIONER GREGORY	MELBOURNE, 3 JANUARY 2017

Application for approval of the CHEP Kewdale (WA) Service Centre Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the CHEP Kewdale (WA) 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] The Applicant 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 January 2017. The nominal expiry date of the Agreement is 30 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

CHEP Australia Traded as CHEP, the respondent, applied to the Fair Work Commission for approval of the CHEP Kewdale (WA) Service Centre Enterprise Agreement 2016. The applicant, the Australian Council of Trade Unions, sought to intervene in the matter. The applicant argued that the agreement did not comply with various statutory provisions and was therefore invalid. The Commission was asked to determine whether the agreement met the requirements of the Fair Work Act 2009.

The main issue before the Commission was whether the agreement contained the necessary information to meet the requirements of the Act. The applicant contended that the agreement failed to include a clause relating to the disclosure of certain information and that the agreement was therefore invalid. The respondent argued that the agreement was valid and that it contained all the necessary information. The Commission examined the provisions of the Act and the terms of the agreement to determine whether the agreement complied with the requirements of the Act.

After examining the agreement and the relevant provisions of the Act, the Commission found that the agreement was valid and contained all the necessary information. The Commission noted that the applicant had not provided any evidence to support its claim that the agreement was invalid. The Commission found that the agreement was valid and that it met all the requirements of the Act. The Commission approved the agreement and dismissed the application to intervene.

The Fair Work Commission approved the CHEP Kewdale (WA) Service Centre Enterprise Agreement 2016 and dismissed the application for intervention by the Australian Council of Trade Unions. The Commission found that the agreement was valid and met all the requirements of the Fair Work Act 2009. The Commission noted that the applicant had not provided any evidence to support its claim that the agreement was invalid. The Commission concluded that the agreement was valid and dismissed the application for intervention.

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