Country Road Group
[2025] FWCA 380
•30 JANUARY 2025
| [2025] FWCA 380 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Country Road Group
(AG2024/5238)
COUNTRY ROAD GROUP LOGISTICS OMNI FULFILMENT CENTRE ENTERPRISE AGREEMENT 2025
| Storage services | |
| DEPUTY PRESIDENT ROBERTS | SYDNEY, 30 JANUARY 2025 |
Application for approval of the Country Road Group Logistics Omni Fulfilment Centre Enterprise Agreement 2025
An application has been made for approval of an enterprise agreement known as the Country Road Group Logistics Omni Fulfilment Centre Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CRG Logistics Pty Ltd t/as Country Road Group (the Applicant). The Agreement is a single enterprise agreement.
Following the filing of the application I raised two issues with the parties concerning the interaction of the Agreement with the National Employment Standards (NES). Those issues related to the operation of clause 6.2 dealing with abandonment of employment and the entitlement to payment of notice of termination and clause B.1.3 pertaining to withholding of monies upon termination.
I am of the view that the NES precedence term included at Clause 1.3 of the Agreement resolves any potential inconsistencies between the clauses referred to above and the NES. The Applicant acknowledged that clause 1.3 would address any such inconsistencies.
Clause 1.3 of the Agreement provides as follows:
“This Agreement will be read and interpreted in conjunction with the National Employment Standards (NES). Where there is an inconsistency between this agreement and the NES, and the NES provides a greater benefit, the NES provision will apply to the extent of the inconsistency”
On the basis of the material filed I am satisfied that each of the requirements of ss186, 187 and 188 as is relevant to this application for approval has been met.
The Shop, Distributive & Allied Employees' Association (SDA) and the United Workers Union (UWU) each lodged a Form F18 statutory declaration giving notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note the Agreement covers the SDA and the UWU.
The Agreement is approved and will operate in accordance with s.54(1)(b) of the Act on account of Clause 1.4.1 which fixes 1 May 2025 as the day on which the Agreement commences operation. The nominal expiry date of the Agreement is, pursuant to Clause 1.4.2, four years after the day on which it is approved. Accordingly, the Agreement expires on 30 January 2029.
DEPUTY PRESIDENT
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