Co-operative Bulk Handling Ltd
[2024] FWCA 4301
•4 DECEMBER 2024
| [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
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