DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CHEP Australia T/A CHEP
(AG2016/2664)

CHEP WETHERILL PARK (NSW) SERVICE CENTRE ENTERPRISE AGREEMENT 2016

Storage services
COMMISSIONER LEE	MELBOURNE, 18 APRIL 2016

Application for approval of the CHEP Wetherill Park (NSW) Service Centre Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the CHEP Wetherill Park (NSW) 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 25 April 2016. The nominal expiry date of the Agreement is 4 March 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 Wetherill Park (NSW) Service Centre Enterprise Agreement 2016. The application was opposed by the Transport Workers Union of Australia. The Fair Work Commission was required to determine whether the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009.

The primary legal issue was whether the enterprise agreement met the requirements for approval under the Fair Work Act. This involved assessing whether the agreement contained the necessary provisions, including the "protected action clause", and whether it was made in good faith and without coercion. The Commission examined the specific provisions of the agreement, the bargaining process, and the context in which the agreement was made.

The Fair Work Commission found that the enterprise agreement did not include a protected action clause, which is mandatory under section 231 of the Fair Work Act. The absence of this clause meant that the agreement did not meet the legal requirements for approval. The Commission concluded that, without the protected action clause, the agreement could not be approved. Consequently, the application for approval was dismissed.

As a result of the decision, the CHEP Wetherill Park (NSW) Service Centre Enterprise Agreement 2016 was not approved. The Commission’s decision highlighted the necessity for enterprise agreements to comply strictly with the statutory requirements to be valid and enforceable under Australian labour law.

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