DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Co-operative Bulk Handling Limited T/A CBH Group
(AG2021/6548)

CBH KWINANA ZONE MAINTENANCE UNION COLLECTIVE AGREEMENT 2021

Grain handling industry
COMMISSIONER YILMAZ	MELBOURNE, 19 AUGUST 2021

Application for approval of the CBH Kwinana Zone Maintenance Union Collective Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the CBH Kwinana Zone Maintenance Union Collective Agreement 2021 (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 Employer 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. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and in accordance with s.54, will operate from 26 August 2021. The nominal expiry date of the Agreement is 24 March 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the matter of Co-operative Bulk Handling Limited, trading as CBH Group, involved an application for approval of the CBH Kwinana Zone Maintenance Union Collective Agreement 2021. The CBH Kwinana Zone Maintenance Union sought to have the agreement approved under the Fair Work Act 2009, which mandates that certain collective agreements must be approved by the Commission before they can be enforced. The dispute centred on the terms and conditions of employment within the CBH Kwinana Zone, specifically those pertaining to maintenance workers.

The primary legal issues before the Commission were whether the agreement met the statutory requirements under the Fair Work Act and whether it complied with the "better-off, overall test". This test requires that employees be no worse off overall under the terms of the agreement compared to their existing entitlements. Additionally, the Commission needed to consider whether the agreement appropriately balanced the interests of the employees, the union, and the employer.

In rendering its decision, the Commission assessed the terms of the agreement against the statutory criteria. It found that the agreement provided for fair and reasonable terms and conditions that did not unjustifiably harm the employer's operational efficiency. The Commission determined that the agreement was consistent with the better-off, overall test, as it offered employees benefits that outweighed any potential detriments. The Commission further noted the union's role in negotiating the agreement and the employer's willingness to engage in the process, which it found to be a demonstration of good-faith bargaining.

The Commission approved the CBH Kwinana Zone Maintenance Union Collective Agreement 2021, confirming its compliance with the relevant statutory requirements. This approval meant that the agreement could now be enforced, and the terms and conditions set out within it would apply to the employees covered by the agreement.

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