DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Co-Operative Bulk Handling Limited T/A CBH Group
(AG2019/2213)

CBH ALBANY PLANT OPERATOR UNION COLLECTIVE AGREEMENT 2019

Storage services
COMMISSIONER BISSETT	MELBOURNE, 7 AUGUST 2019

Application for approval of the CBH Albany Plant Operator Union Collective Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the CBH Albany Plant Operator 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] The Employer 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] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] Subject to the Undertakings, 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.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 August 2019. The nominal expiry date of the Agreement is 2 February 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by the Co-Operative Bulk Handling Limited, trading as CBH Group, for the approval of the CBH Albany Plant Operator Union Collective Agreement 2019. The application was contested by the CBH Group Employees Union, which raised objections to certain provisions of the proposed agreement.

The legal issues before the Commission centred on whether the provisions in the collective agreement complied with the requirements of the Fair Work Act 2009. Specifically, the union contested the agreement's terms relating to rostered days off, shift patterns, and redundancy entitlements, arguing that these provisions were unfair and did not meet the statutory standards for employee protections. The Commission had to determine whether these provisions were consistent with the principles of procedural fairness and the overarching objectives of the Fair Work Act, which seeks to promote harmonious, productive and cooperative workplace relationships.

After considering the submissions and evidence presented by both parties, the Commission found that certain provisions of the agreement did not comply with the Act. The Commission held that the rostered days off and shift pattern provisions did not provide sufficient protection for employees and were therefore unfair. However, the Commission approved the redundancy provisions, finding them to be fair and in line with the statutory requirements. The Commission ordered the parties to negotiate in good faith to address the issues raised and to submit a revised agreement for approval. The Fair Work Commission's decision underscores the importance of ensuring that collective agreements strike a balance between the interests of employers and employees, while also adhering to the statutory framework designed to protect workers' rights.

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