DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Co-Operative Bulk Handling Limited T/A CBH Group
(AG2017/501)

CBH ALBANY PLANT OPERATORS UNION COLLECTIVE AGREEMENT 2017

Storage services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 15 MAY 2017

Application for approval of the CBH Albany Plant Operators Union Collective Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the CBH Albany Plant Operators Union Collective 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] Mr Paul Downey, an employee bargaining representative, wrote to the Commission on 5 April 2017 and 19 April 2017 raising his concerns with the Agreement. On 10 May 2017, a conference was held during which the parties made submissions addressing Mr Downey’s concerns.

[4] I have considered the submissions of the parties and 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. 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.

[5] 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.

[6] 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.

[7] The Agreement was approved on 15 May 2017 and, in accordance with s.54, will operate from 22 May 2017. The nominal expiry date of the Agreement is 2 February 2018.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the court involved an application by the Co-Operative Bulk Handling Limited, trading as the CBH Group, for the approval of the CBH Albany Plant Operators Union Collective Agreement 2017. The applicant, a bulk handling entity, sought to have the agreement, which outlines the terms and conditions of employment for its plant operators, recognised under the relevant industrial legislation. The application was lodged with the Fair Work Commission, an Australian federal workplace relations tribunal.

The central legal issues in this case were whether the collective agreement complied with the necessary provisions of the Fair Work Act 2009 and whether it met the criteria for recognition as a registered agreement. Specifically, the court had to determine if the agreement provided for fair and reasonable terms and conditions, and if it adhered to the procedural requirements for approval. The court also needed to consider whether the agreement was made in good faith and whether it contained provisions that were not contrary to public policy.

The Fair Work Commission found that the agreement was compliant with the Fair Work Act and met the criteria for registration. The court concluded that the agreement contained terms and conditions that were fair and reasonable, having been negotiated in good faith. The commission was satisfied that the agreement adhered to the procedural requirements for approval, and that it did not contain any provisions that were contrary to public policy. The commission approved the collective agreement, recognising it as a registered agreement under the Fair Work Act.

As a result of the court's decision, the CBH Albany Plant Operators Union Collective Agreement 2017 was approved and registered. This allowed the agreement to be legally binding on the parties involved, providing a framework for the terms and conditions of employment for the plant operators employed by the CBH Group. The decision ensured that the agreement was recognised and enforceable under the Fair Work Act, promoting a fair and effective workplace relations system.

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