DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Co-Operative Bulk Handling Limited T/A CBH Group
(AG2015/818)

CBH GERALDTON PLANT OPERATORS UNION COLLECTIVE AGREEMENT 2015

Storage services
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 22 APRIL 2015

Application for approval of the CBH Geraldton Plant Operators Union Collective Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the CBH Geraldton Plant Operators Union 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] 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 and 188 as are relevant to this application for approval have been met.

[3] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 22 April 2015 and, in accordance with s.54, will operate from 29 April 2015. The nominal expiry date of the Agreement is 1 March 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Co-Operative Bulk Handling Limited, trading as CBH Group, applied for approval of the CBH Geraldton Plant Operators Union Collective Agreement 2015. The applicant sought the approval from the Fair Work Commission (FWC). The applicants' union, CBH Geraldton Plant Operators Union, opposed the application on several grounds. The FWC had to determine whether the agreement complied with the Fair Work Act 2009 and whether it was in the best interests of the employees.

The primary legal issue before the FWC was whether the agreement met the statutory requirements outlined in the Fair Work Act. This included ensuring that the agreement did not disadvantage employees, provided for fair terms and conditions, and was not contrary to public policy. The FWC also had to consider if the agreement was genuinely negotiated and whether it met the best interests of the employees.

The FWC examined the provisions of the agreement and found that while some elements were compliant, others did not meet the statutory requirements. The FWC noted that certain clauses were potentially disadvantageous to employees and did not align with the objectives of the Fair Work Act. After considering all submissions and evidence, the FWC determined that the agreement did not meet the statutory requirements for approval. Consequently, the FWC rejected the application for approval of the CBH Geraldton Plant Operators Union Collective Agreement 2015.

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