DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CHEP Australia t/a CHEP
(AG2015/5787)

CHEP CAROLE PARK (QLD) SERVICE CENTRE ENTERPRISE AGREEMENT 2015

Storage services
COMMISSIONER ROE	MELBOURNE, 21 OCTOBER 2015

Application for approval of the CHEP Carole Park (QLD) Service Centre Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the CHEP Carole Park (QLD) 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 21 October 2015 and, in accordance with s.54, will operate from 28 October 2015. The nominal expiry date of the Agreement is 22 August 2018.

COMMISSIONER

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CaseChat Overview and Summary

CHEP Australia t/a CHEP applied to the Fair Work Commission for the approval of the CHEP Carole Park (QLD) Service Centre Enterprise Agreement 2015. The applicant argued that the agreement met the requirements of the Fair Work Act 2009. The decision involved determining whether the agreement contained the necessary minimum terms and conditions as stipulated by the Act.

The primary legal issue the Commission needed to address was whether the agreement satisfied the minimum terms and conditions outlined in the Fair Work Act. This included verifying the provisions on employee entitlements such as wages, hours of work, leave, and other conditions of employment. The Commission also had to assess whether the agreement complied with procedural requirements, including whether it had been fairly negotiated and whether the necessary steps for approval had been correctly followed.

The Fair Work Commission found that the agreement contained all the necessary minimum terms and conditions as required by the Act. The Commission noted that the agreement had been fairly negotiated and that all procedural requirements had been met. The Commission concluded that the agreement was in compliance with the Fair Work Act and approved the CHEP Carole Park (QLD) Service Centre Enterprise Agreement 2015. The Commission's decision was based on a detailed examination of the agreement's provisions and the evidence presented regarding the negotiation process.

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