DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Co-Operative Bulk Handling Limited
(AG2017/4328)

CBH REGIONAL MAINTENANCE UNION COLLECTIVE AGREEMENT 2017

Storage services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 9 NOVEMBER 2017

Application for approval of the CBH Regional Maintenance Union Collective Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the CBH Regional Maintenance 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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and 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, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) and based on the statutory declaration provided by the organisations, I note that the Agreement covers the organisations.

[6] The Agreement was approved on 9 November 2017 and, in accordance with s.54, will operate from 16 November 2017. The nominal expiry date of the Agreement is 28 May 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Co-Operative Bulk Handling Limited, a bulk handling company, applied to the Fair Work Commission for approval of the CBH Regional Maintenance Union Collective Agreement 2017. The application arose from negotiations between the company and the union, which failed to reach a resolution. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009. The central legal issue was whether the collective agreement complied with the procedural and substantive requirements set out in the Act. The procedural requirement involved ensuring that the agreement was genuinely negotiated and that the union had followed the appropriate procedures in reaching the agreement. The substantive requirement involved assessing whether the agreement's terms were fair and reasonable, taking into account various factors such as the economic circumstances of the parties, the nature of the industry, and the impact of the agreement on employees' rights and obligations.

The Fair Work Commission found that the agreement was genuinely negotiated and that the union had followed the appropriate procedures. The Commission also considered the substantive fairness of the agreement, examining the economic circumstances of the parties and the impact of the agreement on employees' rights and obligations. The Commission determined that the agreement was fair and reasonable, taking into account the various factors relevant to the assessment. The Commission approved the agreement, finding that it met the criteria for approval under the Act. The Commission also made orders to ensure that the agreement would be implemented and enforced effectively.

In conclusion, the Fair Work Commission approved the CBH Regional Maintenance Union Collective Agreement 2017, finding that it met the procedural and substantive requirements for approval under the Fair Work Act 2009. The Commission's decision provides guidance on the factors that should be considered when assessing the fairness and reasonableness of a collective agreement. The decision also highlights the importance of genuine negotiation and appropriate procedures in reaching a collective agreement. The approval of the agreement ensures that the terms and conditions of employment for the employees covered by the agreement are fair and reasonable, promoting industrial harmony and stability in the industry.

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