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austlii:cth/FWCA/2025/3236
General information, not legal advice.
FWCA
2025-09-24
Original judgment source is linked above.
The attached document replaces the document previously issued with the above code on 24 September 2025.
The word "the" has been removed from the Agreement title.
s.185 - Enterprise agreement
CHEP NORTH MELBOURNE (VIC) SERVICE CENTRE ENTERPRISE AGREEMENT 2025
Application for approval of the CHEP North Melbourne (VIC) Service Centre Enterprise Agreement 2025
[1] An application has been made for approval of an enterprise agreement known as the CHEP North Melbourne (VIC) Service Centre Enterprise Agreement 2025 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by CHEP Australia Limited T/A CHEP Australia (Employer). The Agreement is a single enterprise agreement.
[2] Noting the Employer's submissions, to the extent that the Notice of Employee Representational Rights (NERR) issued by the Employer was not in its prescribed form as required by s 174(1A) of the Act, I am satisfied that this is a minor procedural or technical error and employees covered by the Agreement were not likely to have been disadvantaged by it. I consider that the Agreement has been genuinely agreed to within the meaning of s 188(5)(a) of the Act.
[3] The Employer has provided written undertakings. A copy of the undertakings is attached at 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. The undertakings are taken to be a term of the Agreement.
[4] Subject to the undertakings referred to above, I am satisfied that each requirement of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s 193A(2)-(7).
[5] The Construction, Forestry and Maritime Employees Union, being a bargaining representative for the Agreement, supports the approval of the Agreement and has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) of the Act, I note that the Agreement covers the organisation.
[6] The Agreement is approved and, in accordance with s 54 of the Act will operate from 1 October 2025. The nominal expiry date of the Agreement is 1 July 2028.
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