DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CHEP Australia T/A CHEP
(AG2018/6388)

CHEP OXLEY (QLD) SERVICE CENTRE ENTERPRISE AGREEMENT 2018

Storage services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 19 FEBRUARY 2019

Application for approval of the CHEP Oxley (QLD) Service Centre Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the CHEP Oxley (QLD) 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] The Employer has provided written undertakings. 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. 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.

[4] 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.

[5] The Agreement was approved on 19 February 2019 and, in accordance with s.54, will operate from 26 February 2019. The nominal expiry date of the Agreement is 8 October 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

CHEP Australia, trading as CHEP, applied to the Fair Work Commission for the approval of the CHEP Oxley (QLD) Service Centre Enterprise Agreement 2018. The application was brought to resolve disputes regarding the terms and conditions of employment for CHEP's employees within the Oxley service centre in Queensland. The Commission was tasked with ensuring that the agreement met the necessary legal standards under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement provided for the employees' pay and conditions in a manner that met the 'better off overall test' and other requirements under the Fair Work Act. This test ensures that employees are not worse off financially under the new agreement compared to their previous conditions. Additionally, the Commission had to verify that the agreement was free from prohibited content and complied with all relevant provisions of the Act.

In delivering its decision, the Commission found that the agreement was fair and balanced, meeting the 'better off overall test'. The Commission noted that the agreement provided for reasonable terms and conditions of employment, including provisions for pay rates, allowances, and other entitlements. The Commission also confirmed that the agreement did not contain any content that was prohibited under the Act. Consequently, the Commission approved the CHEP Oxley (QLD) Service Centre Enterprise Agreement 2018, deeming it to be compliant with the requirements of the Fair Work Act.

The final orders of the Commission included the approval of the CHEP Oxley (QLD) Service Centre Enterprise Agreement 2018, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions of the employees within the Oxley service centre in Queensland.

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