Chep Australia Ltd

[2013] FWCA 3395

[2013] FWCA 3395

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chep Australia Ltd
(AG2013/1026)

CHEP BATHURST (NSW) SERVICE CENTRE ENTERPRISE AGREEMENT 2013

Storage services
JUSTICE BOULTON, SENIOR DEPUTY PRESIDENT	SYDNEY, 29 MAY 2013

Application for approval of the CHEP Bathurst (NSW) Service Centre Enterprise Agreement 2013.

[1] An application has been made for the approval of an enterprise agreement known as the CHEP Bathurst (NSW) Service Centre Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] It is noted that clause 8.2 of the Agreement provides where there is any inconsistency between the National Employment Standards and the Agreement, the provision more beneficial to employees prevails. It would seem that this will ensure that annual leave loading will be paid upon termination of employment (see s.90(2) of the Act).

[3] An undertaking has been provided by CHEP Australia Ltd in relation to shiftworkers. The undertaking has been attached to the Agreement and will be taken to be a term of the Agreement pursuant to s.191 of the Act.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 that are relevant to this application for approval have been met.

[5] 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) of the Act, I note the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 June 2013. The nominal expiry date of the Agreement is 1 January 2016.

SENIOR DEPUTY PRESIDENT

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