Co-Operative Bulk Handling Limited T/A Cbh Group

[2023] FWCA 1030

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Co-Operative Bulk Handling Limited T/A Cbh Group

(AG2023/666)

CBH KWINANA PLANT OPERATORS COLLECTIVE UNION AGREEMENT 2022

Grain handling industry
COMMISSIONER SCHNEIDER	PERTH, 6 APRIL 2023

Application for approval of the CBH Kwinana Plant Operators Collective Union Agreement 2022

Co-Operative Bulk Handling Limited T/A Cbh Group (the Applicant) has made an application for the approval of an enterprise agreement known as the CBH Kwinana Plant Operators Collective Union Agreement 2022 (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The Applicant has provided a written undertaking. A copy of the undertaking is attached to the Agreement. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

In compliance with section 190(4) of the Act, the bargaining representative’s views regarding the undertaking proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

The Maritime Union of Australia division of the Construction, Forestry, Maritime, Mining and Energy Union (the Union), being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with section 201(2) of the Act, and based on the declaration provided by the organisation, I note that the Union is covered by the Agreement.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 13 April 2023. The nominal expiry date of the Agreement is 17 May 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter under consideration was an application by the CBH Kwinana Plant Operators Collective Union Agreement 2022 for approval by the Fair Work Commission. The applicant, Co-Operative Bulk Handling Limited trading as CBH Group, sought to have the agreement approved under the Fair Work Act 2009. The union involved was the CBH Kwinana Plant Operators Collective Union, and the dispute centred around the terms and conditions of employment for plant operators within the CBH Group's operations.

The primary legal issue before the Commission was whether the proposed agreement complied with the requirements of the Fair Work Act and related industrial instruments. This involved examining whether the agreement provided for fair and reasonable terms and conditions, was in line with relevant awards, and was appropriately certified by the relevant union body. The Commission also needed to consider whether the agreement met the statutory criteria for approval, including the absence of unfair or discriminatory provisions.

The Fair Work Commission found that the CBH Kwinana Plant Operators Collective Union Agreement 2022 met all the necessary statutory requirements for approval. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, aligned with the relevant industrial awards, and was certified by the appropriate union body. The Commission further determined that the agreement did not contain any unfair or discriminatory provisions and was consistent with the principles of the Fair Work Act. As a result, the Commission approved the agreement, finding it to be in the best interests of the employees and the employer.

In light of the above findings, the Fair Work Commission approved the CBH Kwinana Plant Operators Collective Union Agreement 2022, and the applicant's application was successful. The approved agreement will now govern the employment terms and conditions of plant operators within the CBH Group's operations at the Kwinana plant.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established