CHEP Australia Limited

[2020] FWCA 2516

[2020] FWCA 2516

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

CHEP Australia Limited
(AG2020/966)

CHEP CAIRNS (QLD) SERVICE CENTRE ENTERPRISE AGREEMENT 2019

Storage services
COMMISSIONER BOOTH	BRISBANE, 13 MAY 2020

Application for approval of the CHEP Cairns (QLD) Service Centre Enterprise Agreement 2019.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by CHEP Australia Limited (the Applicant) for approval of the CHEP Cairns (QLD) Service Centre Enterprise Agreement 2019 (the Agreement). The Agreement is a single enterprise agreement.

[2] Correspondence was sent to the Applicant and bargaining representative on 21 April 2020, raising concerns in relation to the Agreement.

[3] The Applicant filed submissions and undertakings addressing the concerns raised, on 27 April 2020.

[4] The undertakings meet the requirements of s.190(3) of the Act and I have accepted them. As a result, the undertakings are then to be a term of the Agreement and are attached to this Decision as Attachment A.

[5] It is noted that clause 31.4 – personal/carer’s leave, may be inconsistent with the National Employment Standards (NES). However, noting the NES precedence clause at clause 8.2 of the Agreement, I am satisfied that where the NES provides a great benefit, the NES provision will apply to the extent of the inconsistency.

[6] Subject to the undertakings provided and the matter raised at paragraph [5], I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant tothis application for approval have been met.

[7] The Agreement is approved and, in accordance with clause 3 of the Agreement and s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 31 December 2022.

COMMISSIONER

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Attachment A