Co-Operative Bulk Handling Limited Summary

[2024] FWCA 3723

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Co-Operative Bulk Handling Limited

(AG2024/3567)

CBH ALBANY PLANT OPERATOR UNION COLLECTIVE AGREEMENT 2024

Grain handling industry
COMMISSIONER SCHNEIDER	PERTH, 25 OCTOBER 2024

Application for approval of the CBH Albany Plant Operator Union Collective Agreement 2024

Co-Operative Bulk Handling Limited (the Applicant) has made an application for the approval of an enterprise agreement known as the CBH Albany Plant Operator Union Collective Agreement 2024 (the Agreement).

The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

Pursuant to section 205A(2) of the Act, the workplace delegates’ rights term prescribed by the Storage Services and Wholesale Award 2020 is taken to be a term of the Agreement.

The Australian Workers’ Union (the Union), being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it.

In accordance with section 201(2) of the Act, and based on the declaration provided by the organisation, I note that the Union is covered by the Agreement.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 1 November 2024. The nominal expiry date of the Agreement is 2 February 2027.

COMMISSIONER

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CaseChat Overview and Summary

The matter in question involves Co-Operative Bulk Handling Limited (CBH) and the CBH Albany Plant Operator Union. The dispute arose over the approval of the CBH Albany Plant Operator Union Collective Agreement 2024. The Federal Court of Australia was tasked with determining whether the agreement met the necessary legislative requirements for approval under the Fair Work Act 2009.

The central legal issues before the court were whether the collective agreement adhered to the provisions of the Fair Work Act, particularly in terms of its compliance with the requirements for fair and reasonable terms and conditions of employment. Additionally, the court needed to assess whether the agreement complied with specific provisions regarding minimum rates of pay and other employment conditions.

The Federal Court meticulously reviewed the collective agreement to ensure it met the legislative standards. The court examined whether the agreement provided for fair and reasonable terms and conditions of employment, considering the balance of rights and obligations. Furthermore, the court considered if the agreement provided for minimum rates of pay and other employment conditions as required by law. After careful deliberation, the court found the agreement to be compliant with the Fair Work Act. Consequently, the court approved the CBH Albany Plant Operator Union Collective Agreement 2024, confirming its alignment with the necessary legislative criteria.

The final orders of the court were to approve the CBH Albany Plant Operator Union Collective Agreement 2024, ensuring that it would be binding on the parties involved, effective from the date of approval.

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