Application by CHS Group Australia Pty Ltd
Citation: [2026] FWCA 1874
At a glance
- Awards cited
- MA000812
What happened
CHS Group Australia Pty Ltd sought approval for the CHS Enterprise Agreement 2026–2030, a single enterprise agreement covering employees in the electrical contracting industry. The Fair Work Commission considered whether clauses within the agreement were consistent with the National Employment Standards (NES). Several clauses relating to abandonment of employment, summary dismissal and carer's leave were identified as potentially inconsistent.
What was decided
The Fair Work Commission approved the CHS Enterprise Agreement 2026–2030. The Commissioner noted that where inconsistencies existed between the agreement and the NES, the more beneficial entitlements under the NES would apply. The employer provided undertakings to address concerns about financial detriment to employees and substantial changes to the agreement. A delegates’ rights term was deemed to be a term of the agreement based on the Building and Construction General On-site Award 2020. The agreement will operate from July 24, 2026, and expire on July 1, 2030.
What it means for employers
Employers creating enterprise agreements must ensure they align with the National Employment Standards (NES). Any inconsistencies should be addressed through undertakings or other mechanisms to avoid disadvantaging employees. Including a delegates’ rights term is also essential for compliance.
What it means for employees
Employees covered by the CHS Enterprise Agreement 2026–2030 should be aware that if an agreement clause provides less favourable terms than those in the National Employment Standards, the NES provisions will apply. The agreement includes a delegates’ rights term derived from another award.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →