Co-operative Bulk Handing Limited T/A CBH Group

[2020] FWCA 945

[2020] FWCA 945

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Co-operative Bulk Handing Limited T/A CBH Group
(AG2020/36)

CBH KWINANA PLANT OPERATORS COLLECTIVE UNION AGREEMENT 2019

Storage services
COMMISSIONER WILSON	MELBOURNE, 21 FEBRUARY 2020

Application for approval of the CBH Kwinana Plant Operators Collective Union Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the CBH Kwinana Plant Operators Collective Union Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Co-operative Bulk Handing Limited T/A CBH Group. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement lodged with the Fair Work Commission contained an error in Clause 7.1. On 6 February 2020, the Applicant filed an amended Agreement page rectifying the error pursuant to s.586 of the Act. I am satisfied that the correction to the Clause should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] The Construction, Forestry, Maritime, Mining and Energy Union 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 February 2020. The nominal expiry date of the Agreement is 17 May 2022.

COMMISSIONER

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Annexure A