DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Palcove Pty Ltd T/A Cheap as Chips
(AG2017/5491)

CHEAP AS CHIPS (WAREHOUSE) ENTERPRISE AGREEMENT 2017

Storage services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 11 APRIL 2018

Application for approval of the Cheap as Chips (Warehouse) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Cheap as Chips (Warehouse) 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 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.

[5] The Agreement was approved on 11 April 2018 and, in accordance with s.54, will operate from 18 April 2018. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Palcove Pty Ltd T/A Cheap as Chips, the Fair Work Commission was presented with an application for the approval of the Cheap as Chips (Warehouse) Enterprise Agreement 2017. The applicant, Palcove Pty Ltd, sought the agreement's ratification, which had been negotiated with the union representing the warehouse employees. The dispute centred around the terms and conditions of employment, including wages, hours, and other workplace entitlements, as outlined in the proposed agreement.

The legal issues before the commission involved assessing whether the agreement complied with the provisions of the Fair Work Act 2009 and whether it met the procedural requirements for approval. The commission needed to determine if the agreement was fair and reasonable and if it had been negotiated in good faith. The union argued that the agreement adequately represented the employees' interests, while Palcove Pty Ltd maintained that the terms were fair and necessary to maintain business operations.

The Fair Work Commission found that the agreement was fair and reasonable, taking into account the economic and employment circumstances of the parties. The commission concluded that the agreement had been negotiated in good faith and that it contained provisions that were fair and reasonable for the employees. The procedural requirements for approval were also satisfied, as the union had followed the correct processes in negotiating and finalising the agreement. As a result, the commission approved the Cheap as Chips (Warehouse) Enterprise Agreement 2017.

Palcove Pty Ltd T/A Cheap as Chips

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established