Co-operative Bulk Handling Limited

Case

[2014] FWCA 2301

7 APRIL 2014

No judgment structure available for this case.

[2014] FWCA 2301

FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Co-operative Bulk Handling Limited
(AG2014/633)

CBH ESPERANCE PLANT OPERATORS UNION COLLECTIVE AGREEMENT 2014

Storage services

COMMISSIONER ROE

MELBOURNE, 7 APRIL 2014

Application for approval of the CBH Esperance Plant Operators Union Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the CBH Esperance Plant Operators Union Collective Agreement 2014 (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.

[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. The Agreement does not cover all of the employees of the employer however taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Australian Workers’ Union 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 14 April 2014. The nominal expiry date of the Agreement is 1 March 2017.

COMMISSIONER

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