DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Co-Operative Bulk Handling Limited T/A CBH Group
(AG2015/967)

CBH ROVING WEIGHBRIDGE MAINTENANCE COLLECTIVE AGREEMENT 2015

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 13 MAY 2015

Application for approval of the CBH Roving Weighbridge Maintenance Collective Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the CBH Roving Weighbridge Maintenance 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] 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The Agreement was approved on 13 May 2015 and, in accordance with s.54, will operate from 20 May 2015. The nominal expiry date of the Agreement is 3 March 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the case of Co-Operative Bulk Handling Limited T/A CBH Group, the Fair Work Commission was tasked with determining whether to approve the CBH Roving Weighbridge Maintenance Collective Agreement 2015. This decision arose as the CBH Group, a prominent bulk handling entity, sought to formalise the terms and conditions governing the employment of its roving weighbridge maintenance workers through this collective agreement.

The primary legal issues before the Commission were whether the collective agreement met the statutory requirements under the Fair Work Act 2009 and whether it adequately protected the interests of the employees involved. The Commission needed to ensure that the agreement was fair and balanced, and that it complied with the provisions of the Act, including those relating to minimum entitlements and the avoidance of unprotected terms.

The Commission found that the agreement was largely compliant with the statutory requirements. It was noted that the agreement provided for appropriate minimum entitlements and contained terms that were fair and reasonable in all respects. The Commission was satisfied that the agreement balanced the interests of both the employer and the employees, and that it did not contain any unfair or unprotected terms. Accordingly, the Fair Work Commission approved the CBH Roving Weighbridge Maintenance Collective Agreement 2015, recognising its fairness and compliance with the relevant legislative framework.

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