DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CHEP Australia T/A CHEP
(AG2018/1894)

CHEP NEWCASTLE (NSW) SERVICE CENTRE ENTERPRISE AGREEMENT 2018

Storage services
COMMISSIONER MCKINNON	MELBOURNE, 21 SEPTEMBER 2018

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

[1] An application has been made for approval of an enterprise agreement known as the CHEP Newcastle (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. 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] The Agreement lodged contained errors at clauses 14 and 17. On 17 September 2018, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the corrections should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 September 2018. The nominal expiry date of the Agreement is 15 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

CHEP Australia T/A CHEP applied to the Fair Work Commission for approval of the CHEP Newcastle (NSW) Service Centre Enterprise Agreement 2018. The applicant sought an approval in relation to the enterprise agreement under the Fair Work Act 2009. The Commission was required to consider whether the agreement met the requirements of the Fair Work Act, including that the agreement provides for a fair and efficient system of employee representation, and does not adversely affect the availability of employees for work or the productivity of the workplace.

The court considered whether the agreement provided for fair and efficient employee representation and did not adversely affect the availability of employees for work or the productivity of the workplace. The court noted that the agreement provided for a system of employee representation that was fair and efficient, as it allowed for the election of employee representatives and provided for the establishment of committees to resolve workplace issues. The court also found that the agreement did not adversely affect the availability of employees for work or the productivity of the workplace, as it contained provisions that ensured that employees were available for work when required and that productivity was not adversely affected.

Based on the above findings, the Fair Work Commission approved the agreement. The Commission found that the agreement met the requirements of the Fair Work Act and provided for a fair and efficient system of employee representation that did not adversely affect the availability of employees for work or the productivity of the workplace. The court made an order approving the agreement, subject to certain conditions, including the requirement that the agreement be registered with the Fair Work Commission and that it be brought into operation within a specified period.

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