Co-operative Bulk Handling Limited

[2013] FWCA 8243

[2013] FWCA 8243

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Co-operative Bulk Handling Limited
(AG2013/9784)

CBH GERALDTON MAINTENANCE UNION COLLECTIVE AGREEMENT 2013

Grain handling industry
COMMISSIONER CLOGHAN	PERTH, 22 OCTOBER 2013

Application for approval of the CBH Geraldton Maintenance Union Collective Agreement 2013.

[1] On 14 October 2013, Cooperative Bulk Handling Limited made application for approval of a single enterprise agreement to be known as the CBH Geraldton Maintenance Union Collective Agreement 2013 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the FW Act”).

[2] The Agreement was made following a ballot on 1 October 2013.

[3] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[4] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[5] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union (AMWU) have declared that the CEPU and AMWU were bargaining representatives for the Agreement and are entitled to represent the industrial interests of those employees in accordance with paragraph 176(1)(b) of the FW Act. Further, the CEPU and AMWU support the approval of the Agreement by the Commission and have read and agree with the Employer’s statutory declaration in support of the application, insofar as it is within their knowledge. Finally, the CEPU and AMWU have given notice that, pursuant to s.183 of the FW Act, they want to be covered by the Agreement.

[6] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 29 October 2013.

[7] The nominal expiry date of this Agreement is 1 March 2016.

COMMISSIONER

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