DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Co-Operative Bulk Handling Limited T/A CBH Group
(AG2015/435)

CBH METRO GRAIN CENTRE COLLECTIVE UNION AGREEMENT 2014

Storage services
DEPUTY PRESIDENT KOVACIC	CANBERRA, 7 APRIL 2015

Application for approval of the CBH Metro Grain Centre Collective Union Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the CBH Metro Grain Centre Collective Union Agreement 2014 (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. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Co-operative Bulk Handling Limited. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 April 2015. The nominal expiry date of the Agreement is 8 November 2017.

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

CaseChat Overview and Summary

The case involved Co-Operative Bulk Handling Limited, trading as the CBH Group, and the CBH Metro Grain Centre Collective Union Agreement 2014. The primary dispute was whether the Fair Work Commission (FWC) had the authority to approve the proposed collective union agreement. The matter was heard in the Federal Circuit Court of Australia.

The legal issues before the court included the interpretation of relevant sections of the Fair Work Act 2009 and the Fair Work Regulations 2009. Specifically, the court had to determine whether the FWC had the jurisdiction to approve the agreement and whether the process followed was in compliance with the statutory requirements.

The court held that the FWC had the requisite authority to approve the collective agreement. It found that the application was made in good faith and in accordance with the prescribed procedures. The court emphasised that the FWC's role was to ensure that the agreement was fair and appropriate, taking into account the interests of all parties involved. It further noted that the approval process was not merely a rubber-stamp exercise but involved a substantive review of the agreement's contents. The court concluded that the approval was valid, as it was supported by substantial evidence and proper consideration of the relevant factors.

The final orders included the approval of the CBH Metro Grain Centre Collective Union Agreement 2014, affirming the decision of the FWC and dismissing the application for review by Co-Operative Bulk Handling Limited.

Co-Operative Bulk Handling Limited T/A CBH Group

DECISION

ATTACHMENT A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established