DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CHEP Australia T/A CHEP
(AG2021/5523)

CHEP NEWCASTLE (NSW) SERVICE CENTRE ENTERPRISE AGREEMENT 2021

Storage services
DEPUTY PRESIDENT CROSS	SYDNEY, 7 JULY 2021

Application for approval of the CHEP Newcastle (NSW) Service Centre Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the CHEP Newcastle (NSW) Service Centre Enterprise Agreement 2021 (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 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.

[3] The United Workers Union 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 is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this approval. The nominal expiry date of the Agreement is 15 March 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

CHEP Australia T/A CHEP, the applicant, sought approval for the CHEP Newcastle (NSW) Service Centre Enterprise Agreement 2021, from the Fair Work Commission. The dispute arose from the applicant's request to have the agreement approved under the Fair Work Act 2009. The applicant argued that the agreement met the necessary criteria for approval and that it provided a fair and efficient means of resolving workplace issues.

The legal issues before the court were whether the agreement met the requirements for approval under the Fair Work Act and whether the agreement was in the best interests of the employees. The court had to consider the content of the agreement, the bargaining process, and whether the agreement provided for the fair and efficient resolution of workplace issues. Additionally, the court needed to ensure that the agreement was not detrimental to the employees.

The court found that the agreement met the requirements for approval under the Fair Work Act. The court determined that the agreement was the result of genuine bargaining between the parties, and that it provided for the fair and efficient resolution of workplace issues. The court also found that the agreement was not detrimental to the employees and that it provided for their fair treatment. The court approved the agreement, finding that it met the necessary criteria for approval.

The court ordered that the CHEP Newcastle (NSW) Service Centre Enterprise Agreement 2021 be approved and registered under the Fair Work Act. The agreement was to be in effect from the date of the approval and would remain in force until it was terminated or replaced by a new agreement. The court's decision provided clarity and certainty for the parties and ensured that the agreement was fair and effective in resolving workplace issues.

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