Co-operative Bulk Handling Limited Summary

[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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CaseChat Overview and Summary

The case of Co-operative Bulk Handling Limited involved the CBH Esperance Plant Operators Union in their application for approval of the 2014 Collective Agreement. The matter was heard in the Fair Work Commission, with the Commission tasked with determining whether the agreement met the necessary criteria for approval. The primary dispute centred on various provisions within the agreement that were contested by the employer, Co-operative Bulk Handling Limited, which argued that certain clauses were not compliant with relevant industrial laws and standards.

The legal issues the Commission had to decide included the fairness and reasonableness of the proposed agreement's terms, its alignment with the Fair Work Act, and whether it met the standards of good faith bargaining. Specifically, the employer contested provisions related to penalty rates, shift allowances, and leave entitlements, asserting that they were not in line with the requirements for a modern award. The union, on the other hand, argued that the agreement was a product of genuine collective bargaining and was fair and reasonable.

In its decision, the Commission thoroughly examined each contested clause, considering both statutory requirements and principles of good faith bargaining. The Commission found that while many of the provisions were acceptable, some clauses did not align with the Fair Work Act's provisions for modern awards. Consequently, the Commission made several modifications to the agreement to ensure compliance. The modifications included adjustments to the penalty rates and shift allowances to align more closely with the standards set out in relevant modern awards. The Commission concluded that the agreement, as modified, met the necessary criteria for approval and was fair and reasonable.

The final orders of the Commission mandated that the 2014 Collective Agreement be approved with the aforementioned modifications, ensuring its compliance with the Fair Work Act and other relevant industrial laws. The decision underscored the importance of adhering to statutory requirements and the principles of good faith bargaining in collective agreements.

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