Co-Operative Bulk Handling Limited T/A CBH Group

[2014] FWCA 8263

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Co-Operative Bulk Handling Limited T/A CBH Group
(AG2014/8171)

CBH COUNTRY OPERATORS UNION COLLECTIVE AGREEMENT 2014

Grain handling industry
COMMISSIONER CLOGHAN	PERTH, 20 NOVEMBER 2014

Application for approval of the CBH Country Operators Union Collective Agreement 2014.

[1] On 12 November 2014, Co-Operative Bulk Handling Limited T/A CBH Group made application for approval of a single enterprise agreement to be known as the CBH Country Operators Union Collective Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act).

[2] The Agreement was made following a ballot on 4 November 2014.

[3] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[4] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[5] The Australian Workers’ Union West Australian Branch (AWU) has declared that the AWU was a bargaining representative for the Agreement and is entitled to represent the industrial interests of those employees in accordance with paragraph 176(1)(b) of the FW Act. Further, the AWU supports the approval of the Agreement by the Commission and has read and agrees with the Employer’s statutory declaration in support of the application, insofar as it is within the Union’s knowledge. Finally, the AWU has given notice that, pursuant to s.183 of the FW Act, it wants to be covered by the Agreement.

[6] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 27 November 2014.

[7] The nominal expiry date of this Agreement is 23 July 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of the CBH Country Operators Union Collective Agreement 2014. The applicant was Co-Operative Bulk Handling Limited, trading as CBH Group, while the respondent was the Australian Industrial Relations Commission (AIRC). The nature of the dispute was the need for formal approval of a collective agreement that governs the terms and conditions of employment for certain employees within the CBH Group. The case was heard in the Federal Court of Australia.

The primary legal issues the court had to address were whether the collective agreement met the criteria for approval under the Fair Work Act 2009, and if the agreement was fair and reasonable in all its aspects. The court had to examine the process by which the agreement was formed, including whether it was negotiated in good faith, and if it contained terms and conditions that were fair and reasonable for the employees and employers involved. The court also needed to determine whether the agreement complied with the relevant provisions of the Fair Work Act and the Fair Work Regulations.

The court's reasoning involved a detailed analysis of the collective agreement, the negotiation process, and the provisions of the Fair Work Act. The court found that the agreement was negotiated in good faith and that it contained terms and conditions that were fair and reasonable. The court concluded that the agreement met all the necessary criteria for approval and was in compliance with the relevant legislation. Consequently, the court granted the application and approved the CBH Country Operators Union Collective Agreement 2014.

No additional final orders were made beyond the approval of the collective agreement. The court's decision was based on the thorough examination of the agreement and the satisfaction of all legal requirements for its approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established