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

CaseChat Overview and Summary

The Co-operative Bulk Handling Limited, trading as CBH Group, applied to the Fair Work Commission for approval of the CBH Kwinana Plant Operators Collective Union Agreement 2019. The application was made under section 234 of the Fair Work Act 2009, seeking approval of the agreement which was negotiated by the CBH Kwinana Plant Operators Collective Union. The union and the employer had reached an agreement concerning the terms and conditions of employment for the union's members working at the Kwinana Plant. The union sought approval of the agreement, which the employer did not oppose.

The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act and whether it complied with the provisions for employee representation and the process for approving the agreement. The Commission had to consider if the agreement provided for fair and efficient workplace relations, whether it adhered to the requirements for employee representation, and if the agreement was negotiated in good faith. The Commission also needed to assess if the agreement met the standards of the Fair Work Act and if it was consistent with the objects of the Act, including promoting high levels of employment and workplace participation.

The Fair Work Commission found that the agreement met all the statutory requirements and was consistent with the objects of the Act. The Commission noted that the agreement provided for fair and efficient workplace relations, contained provisions for employee representation, and was negotiated in good faith. The Commission was satisfied that the agreement was consistent with the principles of the Act, including promoting high levels of employment and workplace participation. The Commission approved the agreement, finding it met the standards of the Act and was in the best interests of the employees.

The Fair Work Commission approved the CBH Kwinana Plant Operators Collective Union Agreement 2019, finding it met the requirements of the Fair Work Act and was consistent with the objects of the Act. The Commission found that the agreement provided for fair and efficient workplace relations, contained provisions for employee representation, and was negotiated in good faith. The Commission approved the agreement, finding it met the standards of the Act and was in the best interests of the employees. The Commission's decision provides clarity for employers and unions on the requirements for approving a collective agreement under the Fair Work Act.

Co-operative Bulk Handing Limited T/A CBH Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established