Co-Operative Bulk Handling Limited T/A CBH Group

[2017] FWCA 2631

[2017] FWCA 2631

FAIR WORK COMMISSION

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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