DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Co-Operative Bulk Handling Limited T/A CBH Group
(AG2017/502)

CBH ESPERANCE PLANT OPERATORS UNION COLLECTIVE AGREEMENT 2017

Storage services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 10 APRIL 2017

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

[1] An application has been made for approval of an enterprise agreement known as the CBH Esperance 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] 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.

[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 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 was approved on 10 April 2017 and, in accordance with s.54, will operate from 17 April 2017. The nominal expiry date of the Agreement is 1 March 2018.

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, which sought approval for the CBH Esperance Plant Operators Union Collective Agreement 2017. The application was brought before the Fair Work Commission, Australia's national workplace relations tribunal. The central issue was whether the proposed agreement met the necessary standards for approval under the Fair Work Act 2009.

The Fair Work Commission was required to determine if the collective agreement contained minimum terms and conditions that complied with the Act, including the mandated minimum wages and penalty rates. Additionally, the Commission had to assess whether the agreement facilitated effective workplace relations and did not undermine the principles of the Act, such as those relating to freedom of association and the right to bargain collectively.

The Fair Work Commission examined the terms and conditions of the agreement, ensuring they adhered to the minimum standards set out in the Fair Work Act. The Commission found that the proposed agreement included all required minimum terms and conditions, including appropriate wage rates and penalty rates. Furthermore, the agreement was deemed to promote effective workplace relations without contravening the principles of the Act. Consequently, the Commission approved the CBH Esperance Plant Operators Union Collective Agreement 2017, finding it to be compliant with the statutory requirements and beneficial for the involved parties.

The final orders of the Commission were to approve the CBH Esperance Plant Operators Union Collective Agreement 2017, effective from the date of the decision. The approval was contingent upon the agreement being registered with the Registrar of the Fair Work Commission, and it was to be published as required by the Act.

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