DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CHEP Australia T/A CHEP
(AG2018/4684)

CHEP ERSKINE PARK (NSW) SERVICE CENTRE ENTERPRISE AGREEMENT 2018

Storage services
COMMISSIONER MCKINNON	MELBOURNE, 19 FEBRUARY 2019

Application for approval of the CHEP Erskine Park (NSW) Service Centre Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the CHEP Erskine Park (NSW) Service Centre Enterprise Agreement 2018 (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] Written undertakings have been given in accordance with s.190 of the Act. 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.

[4] The Agreement lodged contained an error at Clause 3. On 11 February 2019, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] 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.

[6] I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

Clause 30.2 – Personal/Carer’s Leave

However, noting clause 8.2 of the Undertaking, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 February 2019. The nominal expiry date of the Agreement is 15 February 2021.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

CHEP Australia T/A CHEP applied to the Fair Work Commission for approval of the CHEP Erskine Park (NSW) Service Centre Enterprise Agreement 2018. The application was contested by the Transport Workers Union of Australia (TWU). The dispute involved the terms and conditions of employment for workers at the CHEP Erskine Park Service Centre, including issues such as wages, hours of work, and other employment-related matters.

The primary legal issues before the court were whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it was made in good faith. The court had to consider whether the agreement provided for a safety net of minimum entitlements, whether it was free of prohibited content, and if the bargaining process met the statutory requirements. The TWU argued that the agreement did not adequately protect employees' rights and was not made in good faith. CHEP contended that the agreement was a fair and reasonable outcome of the bargaining process and met all statutory requirements.

The Fair Work Commission found that the agreement was compliant with the statutory requirements. The court noted that the agreement provided for a safety net of minimum entitlements and did not contain any prohibited content. The court further found that the bargaining process was conducted in good faith, with both parties engaging in genuine negotiations. The Commission concluded that the agreement was fair and reasonable and approved it accordingly.

The Fair Work Commission approved the CHEP Erskine Park (NSW) Service Centre Enterprise Agreement 2018, dismissing the TWU's objections. The court's decision was based on the finding that the agreement met all statutory requirements and was a fair and reasonable outcome of the bargaining process.

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