DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

CHEP Australia T/A CHEP
(AG2015/2388)

CHEP NEWCASTLE (NSW) SERVICE CENTRE ENTERPRISE AGREEMENT 2015

Storage services
COMMISSIONER ROE	MELBOURNE, 29 APRIL 2015

Application for approval of the CHEP Newcastle (NSW) Service Centre Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the CHEP Newcastle (NSW) 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 Applicant). The agreement is a single-enterprise agreement.

[2] I was initially concerned with some aspects of the proposed Agreement and wrote to the company outlining those issues on 16 April 2015. On 23 April 2015 I received a signed undertaking in response to the queries from Sonja Ankucic, Senior Manager, Human Resources. This undertaking now forms part of the Agreement and is kept on the file. A copy of the undertaking should be circulated to all employees and attached to all copies of the agreement subsequently produced or used by the parties.

[3] The undertaking which now forms part of the Agreement is attached.

[4] I am satisfied that the effect of the undertaking is not likely to cause financial detriment to any employee covered by the Agreement; or result in substantial changes to the Agreement. Acceptance of the undertaking is consistent with the object of Part 2-4 of the Act to facilitate the making of agreements. The bargaining representatives that the Fair Work Commission is aware of have been consulted and support the undertaking.

[5] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 May 2015. The nominal expiry date of the Agreement is 15 March 2018.

COMMISSIONER

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CaseChat Overview and Summary

CHEP Australia, trading as CHEP, applied to the Fair Work Commission for approval of the CHEP Newcastle (NSW) Service Centre Enterprise Agreement 2015. The dispute involved the terms and conditions of employment for employees working at the Newcastle service centre, including issues such as wage rates, working hours, and dispute resolution mechanisms. The case was heard by the Fair Work Commission, an Australian independent statutory body responsible for resolving workplace disputes and ensuring fair work practices.

The legal issues before the court were whether the agreement met the requirements for approval under the Fair Work Act 2009 and whether it provided for fair and reasonable terms and conditions of employment. The court had to consider whether the agreement complied with the minimum standards set by the Act, including provisions for minimum wage rates, leave entitlements, and dispute resolution. Additionally, the court needed to determine whether the agreement was made in good faith and whether it covered all employees within the scope of the agreement.

The Fair Work Commission found that the agreement was largely compliant with the requirements of the Act, but it identified several issues that needed to be addressed. The commission noted that while the agreement provided for fair and reasonable terms and conditions of employment, it did not adequately address the issue of penalty rates for work on public holidays. The commission also found that the dispute resolution mechanism in the agreement was not sufficiently clear and concise. The commission directed the parties to negotiate and amend the agreement to address these issues before seeking further approval. Once the amendments were made and the agreement met the necessary requirements, the commission approved the enterprise agreement.

The final orders of the Fair Work Commission required CHEP to negotiate with the relevant employee representatives to amend the agreement to include appropriate penalty rates for work on public holidays and to clarify the dispute resolution mechanism. The amended agreement was then to be resubmitted to the commission for approval. The commission's decision provided clarity on the requirements for enterprise agreements and ensured that the terms and conditions of employment for employees at the Newcastle service centre were fair and reasonable.

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