Chep Australia Limited
[2025] FWCA 457
•5 FEBRUARY 2025
| [2025] FWCA 457 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Chep Australia Limited
(AG2024/5166)
CHEP BATHURST (NSW) SERVICE CENTRE ENTERPRISE AGREEMENT 2024
| Storage services | |
| COMMISSIONER P RYAN | SYDNEY, 5 FEBRUARY 2025 |
Application for approval of the CHEP Bathurst (NSW) Service Centre Enterprise Agreement 2024
Chep Australia Limited (Employer) has made an application for approval of an enterprise agreement known as the CHEP Bathurst (NSW) Service Centre Enterprise Agreement 2024 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.
Section 190 Undertakings
The Employer 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. The undertakings are taken to be a term of the Agreement.
Sections 186, 187, 188 and 190
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the FW Act as are relevant to this application for approval have been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, the responses to issues identified, and the Statement of Principles.[1]
Model Consultation Term
The Agreement does not contain a consultation term, as required by s.205(1) of the FW Act. Pursuant to s.205(2) of the FW Act, the model consultation term prescribed by the FW Regulations is taken to be a term of the Agreement.
Delegates’ rights term
The Agreement does not contain a delegates’ rights term that meets the requirements of s.205A of the FW Act. Accordingly, clause 29A of the Storage Services and Wholesale Award 2020 is taken to be a term of the Agreement.
National Employment Standards
I observe that clause 8.2 of the Agreement provides that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
Approval
The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 12 February 2025. The nominal expiry date of the Agreement is 24 November 2027.
COMMISSIONER
Annexure A
[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.
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