DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Co-operative Bulk Handling Limited T/A CBH Group
(AG2020/3034)

CBH REGIONAL MAINTENANCE UNION COLLECTIVE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER WILLIAMS	PERTH, 2 NOVEMBER 2020

Application for approval of the CBH Regional Maintenance Union Collective Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the CBH Regional Maintenance 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 T/A CBH Group. 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 Manufacturing 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 November 2020. The nominal expiry date of the Agreement is 28 May 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Co-operative Bulk Handling Limited, trading as CBH Group, and the CBH Regional Maintenance Union, who brought an application before the Fair Work Commission. The primary dispute revolved around the approval of the CBH Regional Maintenance Union Collective Agreement 2020. The union sought to have the agreement, which covered its members’ employment conditions, formally approved under the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act, particularly in relation to the good faith bargaining provisions and whether the agreement adequately covered the matters specified in the Act. The Commission also needed to consider if the agreement provided fair and reasonable terms and conditions for the employees covered by it.

In reaching its decision, the Commission examined the bargaining process and the terms of the agreement. The Commission found that the bargaining process was conducted in good faith, and the terms of the agreement were fair and reasonable. The Commission took into account the need to balance the interests of both the employer and the employees, and concluded that the agreement achieved this balance. The Commission approved the agreement, noting that it provided for appropriate mechanisms for dispute resolution and included provisions that were in line with the principles of the Fair Work Act.

The Fair Work Commission approved the CBH Regional Maintenance Union Collective Agreement 2020, confirming that it met the legal requirements under the Fair Work Act. The Commission's decision was based on its assessment of the good faith bargaining process and the fairness of the agreement's terms and conditions. The approval of the agreement ensures that the employment conditions for the union members are formally recognised and regulated.

Co-operative Bulk Handling Limited T/A CBH Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established