DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Co-Operative Bulk Handling Limited
(AG2018/2464)

CBH COUNTRY OPERATORS UNION COLLECTIVE AGREEMENT 2017

Storage services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 14 SEPTEMBER 2018

Application for approval of the CBH Country Operators Union Collective Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the CBH Country Operators Union Collective Agreement 2017 (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] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 14 September 2018 and, in accordance with s.54, will operate from 21 September 2018. The nominal expiry date of the Agreement is 23 July 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Co-Operative Bulk Handling Limited, the applicants, CBH Country Operators Union and the respondents, Co-Operative Bulk Handling Limited, appeared before the Fair Work Commission. The applicants sought approval for the CBH Country Operators Union Collective Agreement 2017. The agreement was intended to govern the employment conditions of the union members within the organisation. The primary legal issues before the court involved the validity and fairness of the proposed collective agreement, including whether it complied with the requirements of the Fair Work Act 2009. The court needed to determine if the agreement appropriately balanced the interests of both the union and the employer, ensuring it did not contravene any provisions of the Act, and whether it was procedurally fair and just.

The court considered the provisions of the Fair Work Act 2009 and the principles of procedural fairness in its reasoning. It examined the process by which the agreement was negotiated and whether both parties had a genuine opportunity to participate in the negotiation process. The court also evaluated whether the agreement's terms were reasonable in all respects, taking into account the economic and operational context of the organisation. After reviewing the evidence and submissions from both parties, the court found that the agreement was fair and just, and it did not contravene any provisions of the Act. The agreement was approved, ensuring it would govern the employment conditions of the union members as intended.

The court's decision was grounded in a thorough analysis of the Fair Work Act 2009, the nature of collective bargaining, and the importance of procedural fairness. The court concluded that the collective agreement met the statutory requirements and was fair and just in its terms. The approval of the CBH Country Operators Union Collective Agreement 2017 was granted, providing a legally binding framework for the employment conditions of the union members within Co-Operative Bulk Handling Limited.

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