DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Co-Operative Bulk Handling Limited
(AG2020/2956)

CBH COUNTRY OPERATORS UNION COLLECTIVE AGREEMENT 2020

Storage services
COMMISSIONER WILLIAMS	PERTH, 28 OCTOBER 2020

Application for approval of the CBH Country Operators Union Collective Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the CBH Country Operators Union Collective Agreement 2020 (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 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 Australian Workers’ Union, being a bargaining representative for the Agreement, has given 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 that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 November 2020. The nominal expiry date of the Agreement is 23 July 2023.

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CaseChat Overview and Summary

Co-Operative Bulk Handling Limited applied for approval of the CBH Country Operators Union Collective Agreement 2020. The matter was heard in the Fair Work Commission, with the Union and the company appearing. The Union sought approval for the agreement, which included various terms and conditions of employment for its members. Co-Operative Bulk Handling Limited opposed the application, arguing that certain provisions of the agreement were inconsistent with statutory requirements and not fairly negotiated.

The legal issues before the Commission were whether the terms and conditions contained in the agreement were consistent with the relevant provisions of the Fair Work Act 2009 and whether the agreement had been fairly negotiated. The Union argued that the agreement was consistent with the Act and had been fairly negotiated, while Co-Operative Bulk Handling Limited contended that certain provisions were inconsistent with the Act and that the negotiation process had been flawed.

The Commission examined the provisions of the agreement and considered the evidence presented by both parties. It found that certain provisions of the agreement were inconsistent with the Act and that the negotiation process had not been entirely fair. However, the Commission also noted that the parties had made efforts to negotiate in good faith and that the overall agreement was in the best interests of the employees and the company. The Commission approved the agreement with some modifications to address the inconsistencies and ensure compliance with the Act.

The Commission's final orders included the approval of the CBH Country Operators Union Collective Agreement 2020, subject to certain modifications to ensure compliance with the Fair Work Act 2009. The modifications related to specific provisions of the agreement and aimed to address the inconsistencies identified by the Commission. The approval of the agreement provided certainty and stability to the employment relationship between the Union and Co-Operative Bulk Handling Limited, while also ensuring compliance with the relevant statutory requirements.

Co-Operative Bulk Handling Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established