Co-operative Bulk Handling Limited Summary

[2013] FWCA 2336

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Co-operative Bulk Handling Limited
(AG2013/585)

CO-OPERATIVE BULK HANDLING LTD (CAFETERIA) ENTERPRISE AGREEMENT 2013

Hospitality industry
DEPUTY PRESIDENT MCCARTHY	PERTH, 16 APRIL 2013

Application for approval of the Co-operative Bulk Handling Ltd (Cafeteria) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Co-operative Bulk Handling Ltd (Cafeteria) Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 18 April 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Co-operative Bulk Handling Limited (CBH) brought an application before the Fair Work Commission for approval of the Co-operative Bulk Handling Ltd (Cafeteria) Enterprise Agreement 2013. CBH sought to have the agreement registered under the Fair Work Act 2009 to ensure it complied with the legal requirements for enterprise agreements. The dispute arose as CBH and the relevant union aimed to formalise their agreement regarding various employment terms and conditions for the cafeteria staff within the organisation.

The primary legal issue before the Commission was whether the agreement met the formal requirements of an enterprise agreement as outlined in the Fair Work Act. This included assessing if the agreement was made in good faith and if it contained the necessary provisions such as minimum wages, hours of work, and other conditions of employment. Additionally, the Commission had to consider whether the agreement complied with the process requirements for making an enterprise agreement as stipulated in the Act.

The Commission found that the agreement was made in good faith and contained all necessary provisions, including minimum wages and other employment conditions. It also determined that the agreement adhered to the process requirements for making an enterprise agreement. The Commission was satisfied that the agreement was fair and reasonable, taking into account the bargaining power of the parties and the nature of the industry. Therefore, the Commission approved the agreement and ordered its registration under the Fair Work Act.

Co-operative Bulk Handling Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established