austlii:cth/FWCA/2025/3317
General information, not legal advice.
FWCA
2025-10-02
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
Application for approval of the Coogee Queensland Driver Agreement 2025
[1] Coogee Chemicals Pty Ltd Trading as Coogee Chemicals Pty Ltd ("the Employer") has applied for approval of an enterprise agreement known as Coogee Queensland Driver Agreement 2025 ("the Agreement"). The Application was made under section 185 of the Fair Work Act 2009 ("the Fair Work Act"). The Agreement is a single enterprise agreement.
[2] Noting clause 5 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards ("NES") in the Fair Work Act will prevail where there is an inconsistency between the Agreement and the NES.
[3] In light of the foregoing, and after having regard to the Statement of Principles on Genuine Agreement as well as the application and declarations filed in this matter, I am satisfied that each of the requirements of sections 186, 187, and 188 of the Fair Work Act as are relevant to this application for approval have been met.
[4] The Transport Workers' Union of Australia (TWU) lodged a declaration in the prescribed form[1] giving notice under s.183 of the Fair Work Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Fair Work Act, I note the Agreement covers the TWU.
[5] The Agreement is approved and will operate in accordance with section 54 of the Fair Work Act. The nominal expiry date of the Agreement is 30 June 2028.
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