DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Co-Operative Bulk Handling Limited T/A CBH Group
(AG2017/2239)

CBH KWINANA PLANT OPERATORS COLLECTIVE UNION AGREEMENT 2017

Storage services
COMMISSIONER GREGORY	MELBOURNE, 25 JULY 2017

Application for approval of the CBH Kwinana Plant Operations Collective Union Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the CBH Kwinana Plant Operations Collective Union Agreement 2017 (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 Applicant 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] Subject to the undertakings referred to above, 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Maritime 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) 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 1 August 2017. The nominal expiry date of the Agreement is 17 May 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case involved Co-Operative Bulk Handling Limited, trading as the CBH Group, and the CBH Kwinana Plant Operations Collective Union Agreement 2017. The matter came before the Australian Industrial Relations Commission. The union sought approval of the agreement, which was necessary to regulate the employment terms and conditions of its members working at the CBH Kwinana plant. The CBH Group opposed the application, arguing that certain provisions within the agreement contravened the Fair Work Act 2009.

The central legal issue before the commission was whether specific clauses in the agreement were consistent with the Act. The CBH Group contended that the agreement's provisions regarding pay rates, conditions of employment, and procedural fairness did not comply with the statutory framework. The commission needed to determine whether these provisions were valid under the Fair Work Act, considering the balance between the rights of employers and employees as well as the broader implications for industrial relations.

The commission carefully reviewed each contested clause, balancing the principles of fairness and the need for effective industrial regulation. It found that while some provisions required minor adjustments to align with the Act, others were fundamentally sound and did not breach the statutory requirements. Ultimately, the commission approved the agreement with certain modifications, ensuring that it complied with the Fair Work Act while maintaining its effectiveness in governing the employment relationship between the CBH Group and the union. This decision facilitated a harmonious workplace environment and provided clarity for both parties regarding their respective rights and obligations.

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