Co-operative Bulk Handling Limited T/A CBH Group
[2024] FWCA 2538
•10 JULY 2024
| [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
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