Chep Australia Limited T/A Chep Australia
[2024] FWCA 4416
•12 DECEMBER 2024
| [2024] FWCA 4416 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Chep Australia Limited T/A Chep Australia
(AG2024/4376)
CHEP NEWCASTLE (NSW) SERVICE CENTRE ENTERPRISE AGREEMENT 2024
| Storage services | |
| DEPUTY PRESIDENT CROSS | SYDNEY, 12 DECEMBER 2024 |
Application for approval of the CHEP Newcastle (NSW) Service Centre Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the CHEP Newcastle (NSW) Service Centre Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Chep Australia Limited T/A Chep Australia. The Agreement is a single enterprise agreement.
I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.
Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Storage Services and Wholesale Award 2020 is taken to be a term of the Agreement.
I note that the Agreement contains an NES precedence clause at cl.8.2, and this clause will be relied upon in the event of any inconsistency between this Agreement and the National Employment Standards
The United Workers' Union 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) I note that the Agreement covers the organisation.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 December 2024. The nominal expiry date of the Agreement is 15 March 2027.
DEPUTY PRESIDENT
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