CHEP Australia Limited T/A CHEP Australia

[2019] FWCA 6976

[2019] FWCA 6976

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CHEP Australia Limited T/A CHEP Australia
(AG2019/3689)

CHEP NSW METROPOLITAN (LIDCOMBE, FLEMINGTON AND ROSEHILL) SERVICE CENTRES ENTERPRISE AGREEMENT 2019

Storage services
COMMISSIONER JOHNS	SYDNEY, 9 OCTOBER 2019

Application for approval of the CHEP NSW Metropolitan (Lidcombe, Flemington and Rosehill) Service Centres Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the CHEP NSW Metropolitan (Lidcombe, Flemington and Rosehill) Service Centres Enterprise Agreement 2019 (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.

[2] 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.

[3] I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 8.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 October 2019. The nominal expiry date of the Agreement is 28 August 2022.

COMMISSIONER

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