DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Co-Operative Bulk Handling Limited T/A CBH Group
(AG2016/436)

CBH BIBRA LAKE FABRICATION WORKSHOP COLLECTIVE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 3 MARCH 2016

Application for approval of the CBH Bibra Lake Fabrication Workshop Collective Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the CBH Bibra Lake Fabrication Workshop Collective Agreement 2015 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 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.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 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.

[4] The Agreement was approved on 3 March 2016 and, in accordance with s.54, will operate from 10 March 2016. The nominal expiry date of the Agreement is 4 November 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties to this case are Co-Operative Bulk Handling Limited, trading as the CBH Group, and the Fair Work Commission. The dispute concerns the application for approval of the CBH Bibra Lake Fabrication Workshop Collective Agreement 2015. The matter was heard in the Fair Work Commission, a federal workplace relations tribunal in Australia.

The legal issues that the Commission had to address involved whether the agreement met the necessary requirements under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was "certified as a single interest employer group agreement" and if it complied with the "better off overall test". This test requires that employees under the agreement be no worse off financially than they would be under the applicable award or safety net minimum terms.

The Commission found that the agreement was appropriately certified and met the better off overall test. It noted that the employees had engaged in genuine collective bargaining and that the agreement provided for improved working conditions and remuneration. The Commission was satisfied that the agreement did not unfairly disadvantage the employees and that it was in line with the objectives of the Fair Work Act. Consequently, the application for approval was successful.

As a result of the Commission's decision, the CBH Bibra Lake Fabrication Workshop Collective Agreement 2015 was approved. This decision provided legal certainty for the parties involved and ensured that the employees would benefit from the terms of the agreement.

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