Palcove Pty Ltd

[2016] FWCA 1139
DECISION

Fair Work Act 2009
s.185—Enterprise agreement
Palcove Pty Ltd t/a Cheap as Chips
(AG2015/7856)
CHEAP AS CHIPS (WAREHOUSE) ENTERPRISE AGREEMENT 2015
Storage services

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 23 FEBRUARY 2016
Application for approval of the Cheap as Chips (Warehouse) Enterprise Agreement 2015.
[1] An application has been made for approval of an enterprise agreement known as the

Cheap as Chips (Warehouse) Enterprise Agreement 2015 (the Agreement). The application
was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Palcove
Pty Ltd t/a Cheap as Chips. 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] Subject to the undertakings referred to above, and on the basis of the material

contained in the application and accompanying statutory declaration, 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 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) and based on the statutory declaration provided by the organisation, I note that
the Agreement covers the organisation.
[2016] FWCA 1139
[5] The Agreement was approved on 23 February 2016 and, in accordance with s.54, will

operate from 1 March 2016. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

[2016] FWCA 1139

Annexure A

CaseChat Overview and Summary

Palcove Pty Ltd t/a Cheap as Chips sought approval for the Cheap as Chips (Warehouse) Enterprise Agreement 2015, under section 185 of the Fair Work Act 2009. The application was made to the Fair Work Commission, with the Deputy President Gostencnik presiding over the case in Melbourne on 23 February 2016. The agreement in question is a single enterprise agreement.

The court had to determine whether the agreement met the requirements under sections 186, 187, 188, and 190 of the Fair Work Act. The court also had to consider the written undertakings provided by the applicant to ensure that they would not cause financial detriment to any employee covered by the agreement or result in substantial changes to the agreement. Additionally, the court had to verify whether the National Union of Workers, as a bargaining representative for the agreement, wanted the agreement to cover it.

The court found that the agreement met all the relevant requirements of the Fair Work Act and that the written undertakings would not cause financial detriment to any employee covered by the agreement or result in substantial changes to the agreement. The court also found that the National Union of Workers wanted the agreement to cover it. Therefore, the court approved the Cheap as Chips (Warehouse) Enterprise Agreement 2015, and it will operate from 1 March 2016, with a nominal expiry date of 30 June 2017.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established