DECISION

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

CHEP Australia T/A CHEP
(AG2014/10792)

CHEP SCORESBY (VIC) SERVICE CENTRE ENTERPRISE AGREEMENT 2014

Storage services
COMMISSIONER ROE	MELBOURNE, 13 JANUARY 2015

Application for approval of the CHEP Scoresby (VIC) Service Centre Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the CHEP Scoresby (VIC) Service Centre Enterprise Agreement 2014 (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 19 December 2014. On 6 January 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 20 January 2015. The nominal expiry date of the Agreement is 15 July 2017.

COMMISSIONER

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CaseChat Overview and Summary

CHEP Australia T/A CHEP applied to the Fair Work Commission for approval of the CHEP Scoresby (VIC) Service Centre Enterprise Agreement 2014. The applicant is an employer, and the respondents are two unions representing employees of the applicant. The dispute involves the terms and conditions of employment for certain employees at the Scoresby Service Centre. The Fair Work Commission was required to decide whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The Commission considered whether the agreement had been made in accordance with the procedural requirements of the Fair Work Act. This included whether the agreement had been made fairly and in good faith, whether it contained the necessary minimum terms and conditions, and whether it had been properly certified. The Commission also considered whether the agreement met the statutory requirement to provide for a fair and effective means of resolving disputes between the parties.

The Commission found that the agreement had been made in accordance with the procedural requirements of the Fair Work Act. The Commission was satisfied that the agreement had been made fairly and in good faith, and that it contained the necessary minimum terms and conditions. The Commission also found that the agreement provided for a fair and effective means of resolving disputes between the parties. Accordingly, the Commission approved the agreement.

The Fair Work Commission approved the CHEP Scoresby (VIC) Service Centre Enterprise Agreement 2014. The agreement is now legally binding on the parties and will govern the terms and conditions of employment for the employees at the Scoresby Service Centre. The unions and the employer are bound by the agreement and must comply with its terms. The agreement will remain in force until it is terminated or replaced by a new agreement.

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