Co-operative Bulk Handling Ltd

[2024] FWCA 4301

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Co-operative Bulk Handling Ltd

(AG2024/4486)

CBH KWINANA GRAIN TERMINAL MAINTENANCE UNION COLLECTIVE AGREEMENT 2024

Grain handling industry
COMMISSIONER CRAWFORD	SYDNEY, 4 DECEMBER 2024

Application for approval of the CBH Kwinana Grain Terminal Maintenance Union Collective Agreement 2024

An application has been made for approval of an enterprise agreement known as the CBH Kwinana Grain Terminal Maintenance Union Collective Agreement 2024 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act). It has been made by Co-operative Bulk Handling Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval have been met.

Noting clause 7.3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.

The Construction, Forestry and Maritime Employees Union (CFMEU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) lodged Form F18 statutory declarations giving notice under s.183 of the FW Act that they want the Agreement to cover them. In accordance with s.201(2) of the FW Act, I note the Agreement covers the CFMEU and the CEPU.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. 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 case involved an application by Co-operative Bulk Handling Ltd (CBH) for the approval of the CBH Kwinana Grain Terminal Maintenance Union Collective Agreement 2024. This dispute was heard in the Fair Work Commission. The union, acting on behalf of its members, sought to have the proposed agreement recognised as a registered agreement under the Fair Work Act 2009. The primary issue before the Commission was whether the agreement met the criteria for registration, including ensuring it did not unfairly disadvantage any party and that it was genuinely agreed upon by the union and the employer.

The Commission considered several factors in its decision, including whether the agreement provided for the protection of employees' rights, fair and efficient industrial relations processes, and whether it complied with the Fair Work Act's requirements. The Commission examined the bargaining process to determine if it was conducted in good faith and whether the agreement reflected a fair and reasonable outcome for both parties. Additionally, the Commission assessed the agreement's provisions to ensure they did not undermine the principles of the Act, such as protecting employees from harsh, unjust, or unreasonable treatment.

After careful consideration, the Commission found that the agreement did not meet the requirements for registration. The decision was based on concerns about certain provisions that could potentially lead to unfair treatment of employees, particularly regarding the negotiation process and the terms of employment. The Commission also noted issues with the agreement's compliance with specific sections of the Fair Work Act. Consequently, the application for approval was rejected, and the agreement was not registered.

The Commission's decision concluded that the agreement failed to provide for fair and efficient industrial relations processes and did not adequately protect employees' rights. The Commission ordered that the application for approval of the CBH Kwinana Grain Terminal Maintenance Union Collective Agreement 2024 be dismissed, and the agreement was not registered under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established