Co-Operative Bulk Handling Limited
[2024] FWCA 4318
•5 DECEMBER 2024
| [2024] FWCA 4318 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Co-Operative Bulk Handling Limited
(AG2024/4191)
CBH GERALDTON PLANT OPERATOR UNION COLLECTIVE AGREEMENT 2024
| Grain handling industry | |
| DEPUTY PRESIDENT ROBERTS | SYDNEY, 5 DECEMBER 2024 |
Application for approval of the CBH Geraldton Plant Operator Union Collective Agreement 2024
An application has been made for approval of an enterprise agreement known as the CBH Geraldton Plant Operator Union Collective Agreement 2024 (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 Handling Limited (the Applicant). The Agreement is a single enterprise agreement.
I am satisfied that each of the requirements of ss186, 187 and 188 as is relevant to this application for approval has been met.
I note that Clause 7.3 of the Agreement makes provision for circumstances of inconsistency between the National Employment Standards (NES) and the terms of the Agreement. Where there is an inconsistency between the agreement and the NES, and the NES provides a greater benefit, the NES provision will apply to the extent of the inconsistency. This addresses any potential issues in relation to clauses, including sub-clause 29.4, that may be inconsistent with the NES.
Pursuant to s.201(1A) I note that the workplace delegates’ rights term in the Storage Services and Wholesale Award 2020, clause 29A, is taken to be a term of the Agreement.
The Australian Workers’ Union (AWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AWU.
The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 1 March 2027.
DEPUTY PRESIDENT
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