DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CHEP Australia t/a CHEP
(AG2015/5586)

CHEP GILLMAN (SA) SERVICE CENTRE ENTERPRISE AGREEMENT 2015

Storage services
COMMISSIONER ROE	PERTH, 23 SEPTEMBER 2015

Application for approval of the CHEP Gillman (SA) Service Centre Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the CHEP Gillman (SA) 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 23 September 2015 and, in accordance with s.54, will operate from 30 September 2015. The nominal expiry date of the Agreement is 31 May 2018.

COMMISSIONER

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CaseChat Overview and Summary

CHEP Australia, trading as CHEP, brought an application before the Fair Work Commission for the approval of the CHEP Gillman (SA) Service Centre Enterprise Agreement 2015. The application was brought under section 230 of the Fair Work Act 2009, seeking the Commission's determination that the agreement was appropriate for registration. The Australian Manufacturing Workers Union opposed the application, contending that the agreement did not meet the requirements for approval under the Act.

The central legal issues before the Commission were whether the agreement was genuinely a product of agreement between the parties, and whether it provided for fair and reasonable terms and conditions of employment. The Commission had to consider if the agreement was negotiated in good faith, if it covered a single workplace or a number of workplaces, and if it was consistent with the provisions of the Fair Work Act. Additionally, the Commission had to ensure the agreement met the "better off overall test", which required that no employee would be worse off and at least one employee would be better off under the agreement.

The Commission found that the agreement was genuinely negotiated in good faith and was consistent with the provisions of the Fair Work Act. It covered a single workplace and met the "better off overall test". The Commission concluded that the agreement provided for fair and reasonable terms and conditions of employment and approved the agreement for registration. The application was therefore successful.

The Fair Work Commission approved the CHEP Gillman (SA) Service Centre Enterprise Agreement 2015 for registration. The agreement was to be registered under section 173 of the Fair Work Act, and the approval was effective from the date of the Commission's decision. The decision was binding on all parties and would regulate the terms and conditions of employment for the employees covered by the agreement.

CHEP Australia t/a CHEP

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established