Application by CHS Group Australia Pty Ltd
At a glance
- 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 Commission 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.
Want this applied to your situation?
Reading the decision is free. FairWork Mate goes further — it reads the full case library and applies precedents like this one to your specific facts, citing the cases as it reasons. General information, not a guaranteed outcome or legal advice.
Want more cases like this?
FairWork Mate tracks Fair Work Ombudsman, Fair Work Commission and Federal Court decisions across Australia. The AI advisor answers plain-English questions grounded on the full corpus — awards cited, industry, penalty amounts and affected employee counts — with a citation to the underlying decision on every answer.
FairWork Mate AI
This is one decision. Pro reads all of them.
Free case pages cite the top 250 decisions. Pro opens the full Fair Work Commission and Federal Court library, cross-references your own situation against it, and cites the decision behind every answer — plus document upload, so it can read your letter or contract line by line. 150 questions a month, cancel anytime.
Renews monthly at A$29.99 until you cancel. By continuing you agree to our Terms.
Get notified on new Fair Work cases
Free email alerts when we publish new underpayment decisions, penalty orders, and workplace law updates.