DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CHEP Australia t/a CHEP
(AG2015/7744)

CHEP ALTONA (VIC) SERVICE CENTRE ENTERPRISE AGREEMENT 2015

Storage services
COMMISSIONER ROE	MELBOURNE, 14 JANUARY 2016

Application for approval of the CHEP Altona (VIC) Service Centre Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the CHEP Altona (VIC) Service Centre Enterprise Agreement 2015 (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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 14 January 2016 and, in accordance with s.54, will operate from 21 January 2016. The nominal expiry date of the Agreement is 30 September 2018.

COMMISSIONER

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CaseChat Overview and Summary

CHEP Australia t/a CHEP applied for approval of the CHEP Altona (VIC) Service Centre Enterprise Agreement 2015. The applicant is a logistics service provider and the respondent is the Retail, Wholesale and Departmental Employees’ Union of Australia (RWDSUA). The dispute was heard by the Fair Work Commission (FWC), an independent statutory body, with jurisdiction to hear and determine workplace relations disputes and to approve enterprise agreements.

The key issue before the Commission was whether the agreement complied with the requirements of the Fair Work Act 2009 (FW Act). Specifically, the Commission had to consider whether the agreement met the coverage, good faith, and procedural requirements. The applicant argued that the agreement was made in good faith, was in writing, and covered all the employees of the business. The union contended that the agreement did not cover all employees, as it excluded certain workers from its operation. The union also argued that the agreement did not meet the good faith requirement as it was not made in a genuine attempt to negotiate.

The Commission found that the agreement was made in good faith and met the coverage and procedural requirements. The union’s contention that the agreement did not cover all employees was rejected as the exclusion of certain workers was lawful. The Commission found that the agreement was in writing and was made in accordance with the FW Act. The Commission also found that the agreement was made in a genuine attempt to negotiate, as the parties had engaged in extensive negotiations over several months. The Commission approved the agreement, finding that it met all the requirements of the FW Act.

The Commission ordered that the CHEP Altona (VIC) Service Centre Enterprise Agreement 2015 be approved as a registered agreement. The agreement will now be registered with the Commission and will be in operation for a period of five years. The agreement provides for a range of terms and conditions of employment, including wages, hours of work, and other matters. The approval of the agreement by the Commission is a significant outcome for both the applicant and the union, as it provides certainty and stability for the employees of the business.

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