DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CHEP Australia t/a CHEP
(AG2015/5736)

CHEP OXLEY (QLD) SERVICE CENTRE ENTERPRISE AGREEMENT 2015

Storage services
COMMISSIONER ROE	MELBOURNE, 21 OCTOBER 2015

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

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

[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 8 October 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in this case are CHEP Australia, trading as CHEP, and the Fair Work Commission (FWC). The dispute revolves around the application for the approval of the CHEP Oxley (QLD) Service Centre Enterprise Agreement 2015. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues before the FWC included whether the agreement had been made in good faith, whether it contained appropriate processes for resolving disputes, and if it complied with the statutory minimum entitlements and safety net provisions. The Commission also considered whether the agreement was in the best interests of the employees and if it had been appropriately negotiated. These issues were central to the approval process and required careful examination of the terms of the agreement and the context in which it was made.

In examining the application, the FWC considered the submissions from both CHEP and the Australian Manufacturing Workers' Union (AMWU). The FWC concluded that the agreement had been made in good faith and contained appropriate dispute resolution processes. The Commission found that the agreement met the statutory minimum entitlements and did not adversely affect the safety net provisions. Additionally, the FWC determined that the agreement was in the best interests of the employees and had been appropriately negotiated. Based on these findings, the FWC approved the CHEP Oxley (QLD) Service Centre Enterprise Agreement 2015.

The final orders of the FWC included the approval of the CHEP Oxley (QLD) Service Centre Enterprise Agreement 2015, effective from the date of the decision. The FWC noted that the agreement would be registered with the Australian Industrial Registry and would apply to the employees covered by the agreement. This decision provided clarity and certainty for the parties involved and ensured that the agreement would be legally binding and enforceable.

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