DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Co-operative Bulk Handling Limited T/A CBH Group
(AG2019/3904)

CBH GERALDTON PLANT OPERATORS UNION COLLECTIVE AGREEMENT 2019

Storage services
COMMISSIONER WILLIAMS	PERTH, 19 NOVEMBER 2019

Application for approval of the CBH Geraldton Plant Operators Union Collective Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the CBH Geraldton Plant Operators Union Collective Agreement 2019 (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 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) 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 26 November 2019. The nominal expiry date of the Agreement is 1 March 2021.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case concerning the Co-operative Bulk Handling Limited T/A CBH Group, the application for approval of the CBH Geraldton Plant Operators Union Collective Agreement 2019 was brought before the Fair Work Commission. The dispute centred on the proposed collective agreement between CBH Group and the CBH Geraldton Plant Operators Union. The primary issue was whether the agreement met the necessary requirements for approval under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement provided for fair and reasonable terms, including wages and conditions, and if it complied with the relevant provisions of the Act and any applicable award.

The legal issues involved scrutiny of the agreement's provisions concerning wages, hours of work, and other employment conditions. The court examined whether the terms of the agreement were fair and reasonable, taking into account the principles of the Act and any applicable awards. The court also assessed whether the agreement adhered to the requirements for good faith bargaining and if it provided adequate protections for employees. Additionally, the court considered submissions from both parties and any relevant precedents.

In its reasoning, the court found that the proposed agreement met the necessary criteria for approval. The court determined that the agreement provided for fair and reasonable terms, including adequate wage increases and conditions of employment. It was noted that the agreement had been the result of good faith bargaining between the parties. The court concluded that the agreement complied with the Fair Work Act 2009 and any relevant awards, and therefore, the application for approval was successful.

As a result of the court's decision, the Fair Work Commission approved the CBH Geraldton Plant Operators Union Collective Agreement 2019. This approval ensures that the terms of the agreement will govern the employment conditions of the union members, providing them with fair and reasonable terms of employment as determined by the court.

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