Palcove Pty Ltd T/A Cheap as Chips

Case

[2024] FWCA 2717

24 JULY 2024


[2024] FWCA 2717

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Palcove Pty Ltd T/A Cheap as Chips

(AG2024/2626)

CHEAP AS CHIPS ENTERPRISE AGREEMENT 2024

Retail industry

COMMISSIONER LEE

MELBOURNE, 24 JULY 2024

Application for approval of the CHEAP AS CHIPS ENTERPRISE AGREEMENT 2024

  1. An application has been made for approval of an enterprise agreement known as the CHEAP AS CHIPS 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 Palcove Pty Ltd T/A Cheap as Chips. The Agreement is a single enterprise agreement.

  1. 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.

  1. The Shop, Distributive and Allied Employees Association 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.

  1. I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

·           Clause 25.1(c) – Notice of Termination

·           Clause 26.9(a) - Redundancy

However, noting clause 1.2 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.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 July 2024. The nominal expiry date of the Agreement is 30 June 2028.

COMMISSIONER

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