DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CHEP Australia T/A CHEP
(AG2016/7146)

CHEP WODONGA (VIC) SERVICE CENTRE ENTERPRISE AGREEMENT 2016

Storage services
COMMISSIONER GREGORY	MELBOURNE, 3 JANUARY 2017

Application for approval of the CHEP Wodonga (VIC) Service Centre Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the CHEP Wodonga (VIC) 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] 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.

[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 9 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

CHEP Australia T/A CHEP applied to the Fair Work Commission for the approval of the CHEP Wodonga (VIC) Service Centre Enterprise Agreement 2016. The Australian Manufacturing Workers' Union (AMWU) opposed the approval of the agreement, citing concerns regarding the adequacy of provisions concerning the agreement's termination, employee entitlements, and the process for resolving disputes. The Commission was tasked with determining whether the agreement met the legal criteria for approval as stipulated under the Fair Work Act 2009.

The Commission considered the AMWU's objections, focusing on the procedural fairness in the agreement's negotiation, the clarity and comprehensiveness of the agreement's provisions, and whether the agreement was made in good faith. The Commission examined the bargaining process and whether it was conducted fairly and in good faith, considering the relevant legal standards. After evaluating the evidence and submissions, the Commission determined that the agreement was made in good faith and that the bargaining process was fair. The Commission also found that the provisions of the agreement were clear, comprehensive, and met the legal requirements for approval.

In light of the findings, the Commission approved the CHEP Wodonga (VIC) Service Centre Enterprise Agreement 2016, stating that it met the criteria for approval under the Fair Work Act 2009. The decision was made on the basis that the agreement was fair and had been negotiated in good faith, with provisions that adequately protected the interests of the employees. The AMWU's objections were dismissed, and the agreement was approved as a registered agreement effective from the date of the Commission's decision.

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