CHEP Australia T/A CHEP

[2018] FWCA 2723

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

CHEP Australia T/A CHEP

(AG2017/6634)

CHEP Pallecon Solutions Parafield Gardens (SA) Service Centre Enterprise Agreement 2017

Storage services
Commissioner Wilson	MELBOURNE, 15 MAY 2018

Application for approval of the CHEP Pallecon Solutions Parafield Gardens (SA) Service Centre Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the CHEP Pallecon Solutions Parafield Gardens (SA) Service Centre Enterprise Agreement 2017 (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.

The Applicant 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.

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 is approved and, in accordance with s.54 of the Act, will operate from 22 May 2018. The nominal expiry date of the Agreement is 30 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

CHEP Australia, trading as CHEP, applied for approval of the CHEP Pallecon Solutions Parafield Gardens (SA) Service Centre Enterprise Agreement 2017. The dispute arose as the applicant sought to have the agreement recognised under the Fair Work Act 2009. The application was heard in the Fair Work Commission.

The legal issues before the Commission centred on whether the agreement met the criteria for approval as set out in the Fair Work Act. Specifically, the Commission needed to determine whether the agreement was genuinely an enterprise agreement, whether it was made in good faith, and if it contained the necessary minimum terms and conditions as stipulated by the Act. Additionally, the Commission had to assess whether the agreement provided for a fair and efficient bargaining process.

In reaching its decision, the Commission considered the evidence and submissions provided by both parties. The Commission concluded that the agreement met all the necessary criteria for approval. It was found to be genuinely an enterprise agreement, made in good faith, and included all required minimum terms and conditions. The Commission also determined that the bargaining process was fair and efficient. Therefore, the application was approved, and the agreement was registered.

The Commission's final order was that the CHEP Pallecon Solutions Parafield Gardens (SA) Service Centre Enterprise Agreement 2017 be approved and registered under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established