DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CHEP Australia T/A CHEP
(AG2017/606)

CHEP CANNING VALE (WA) SERVICE CENTRE ENTERPRISE AGREEMENT 2017

Storage services
COMMISSIONER GREGORY	MELBOURNE, 4 APRIL 2017

Application for approval of the CHEP Canning Vale (WA) Service Centre Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the CHEP Canning Vale (WA) 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.

[2] 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 April 2017. The nominal expiry date of the Agreement is 17 January 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

CHEP Australia T/A CHEP sought approval for the CHEP Canning Vale (WA) Service Centre Enterprise Agreement 2017. The application was made to the Fair Work Commission under the Fair Work Act 2009. The dispute involved the terms and conditions of employment for employees at the Canning Vale service centre, focusing on wages, hours of work, and other employment-related matters. The parties to the agreement were CHEP Australia and the Retail and Fast Food Workers Union of Victoria, Act, and Northern Territory, which represented the employees. The primary legal issue before the Commission was whether the agreement met the criteria for approval as set out in the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for fair and reasonable terms, did not unfairly discriminate, and was free from coercive conduct.

The Fair Work Commission considered various factors in its decision, including the bargaining power of the parties, the nature of the agreement, and its compliance with the legislative requirements. The Commission found that the agreement was fair and reasonable as it provided for adequate wages and conditions, and did not unfairly discriminate against any group of employees. The Commission also concluded that the agreement was not the product of any coercive conduct. Based on these findings, the Commission approved the CHEP Canning Vale (WA) Service Centre Enterprise Agreement 2017, finding it met the necessary criteria for approval under the Fair Work Act 2009. The Commission's decision was based on a comprehensive review of the agreement and the evidence presented by the parties.

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