Co-operative Bulk Handling Limited T/A CBH Group

[2024] FWCA 2538

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Enterprise agreement

Co-operative Bulk Handling Limited T/A CBH Group

(AG2024/2265)

CBH REGIONAL MAINTENANCE UNION COLLECTIVE AGREEMENT 2023

Grain handling industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 10 JULY 2024

Application for approval of the CBH Regional Maintenance Union Collective Agreement 2023

Co-operative Bulk Handling Limited T/A CBH Group (the Applicant) has made an application for the approval of an enterprise agreement known as the CBH Regional Maintenance Union Collective Agreement 2023 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, which commenced operation on 6 June 2023.

Under transitional arrangements, amendments made by Part 14 of Schedule 1 to the Amending Act in relation to genuine agreement requirements for agreement approval applications apply where the notification time for the agreement was on or after 6 June 2023. The genuine agreement provisions in Part 2-4 of the Act, as it was before 6 June 2023, continue to apply in relation to agreement approval applications where the notification time for the agreement was before 6 June 2023. The notification time for the Agreement was 1 June 2023.[1]

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.

In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

The Automotive, Food, Metals, Engineering, Printing and Kindred industries Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (together, the organisations), being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2), and based on the declarations provided by the organisations, I note that the organisations are covered by the Agreement.

The Agreement was approved on 10 July 2024 and, in accordance with s 54, will operate from 17 July 2024. The nominal expiry date of the Agreement is 28 May 2026.

DEPUTY PRESIDENT

Annexure A

[1] Form F17A – Employer’s declaration in support of an application for approval of an enterprise agreement (other than a greenfields agreement) – notification time before 6 June 2023, question 18.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Co-operative Bulk Handling Limited T/A CBH Group, the matter before the Fair Work Commission involved an application for the approval of the CBH Regional Maintenance Union Collective Agreement 2023. The dispute centred around the terms and conditions of employment for maintenance workers employed by CBH Group across various regional locations in Western Australia. The CBH Regional Maintenance Union sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009, which would provide it with a degree of enforceability and protection from certain legal challenges.

The central legal issues that the Commission had to resolve included whether the agreement contained all the mandated minimum terms and conditions, whether it was made in good faith and without coercion, and whether it complied with the provisions of the Fair Work Act. Specifically, the Commission needed to determine if the agreement adequately covered areas such as wages and conditions, dispute resolution, and the rights of employees. The Commission also needed to consider if the agreement was negotiated fairly and if the process of its creation met the legal standards set forth in the Act.

The Fair Work Commission examined the proposed agreement in detail, focusing on the negotiation process and the content of the agreement. The Commission concluded that the agreement was made in good faith, without any evidence of coercion, and contained all the required minimum terms and conditions. It was also determined that the agreement was negotiated fairly and that the process adhered to the legal requirements. The Commission found that the agreement was comprehensive, covering all necessary aspects of employment and providing adequate protections for the employees. As a result, the Commission approved the CBH Regional Maintenance Union Collective Agreement 2023 as a registered agreement under the Fair Work Act.

The final orders of the Commission were that the CBH Regional Maintenance Union Collective Agreement 2023 be approved and registered as a certified agreement. The agreement was to be effective from the date of registration and would remain in force until it was either terminated or replaced by a new agreement. This decision ensured that the maintenance workers of CBH Group would have their employment terms and conditions legally protected, providing a measure of stability and certainty in their working arrangements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established