Co-Operative Bulk Handling Ltd

[2022] FWCA 1290

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Co-Operative Bulk Handling Ltd

(AG2022/997)

CBH Kwinana Grain Terminal Maintenance Union Collective Agreement 2021

Grain handling industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 12 APRIL 2022

Application for the approval of CBH Kwinana Grain Terminal Maintenance Union Collective Agreement 2021

Co-Operative Bulk Handling Ltd has made an application for the approval of an enterprise agreement known as the CBH Kwinana Grain Terminal Maintenance Union Collective Agreement 2021 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU), Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union (CEPU), and Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU), (together, the organisations), being bargaining representatives for the Agreement, have given notice under s 183 of the Act they want the Agreement to cover them. In accordance with s 201(2), and based on the declarations provided by the organisations, I note that the organisations are covered by the Agreement.

The Agreement was approved on 12 April 2022 and, in accordance with s 54, will operate from 19 April 2022. The nominal expiry date of the Agreement is 24 September 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Co-Operative Bulk Handling Ltd, the Federal Court of Australia was presented with an application for the approval of a collective agreement between the employer and the CBH Kwinana Grain Terminal Maintenance Union. The dispute centred on the terms of the proposed collective agreement, which aimed to regulate employment conditions for maintenance workers at the Kwinana Grain Terminal.

The primary legal issue before the court was whether the collective agreement complied with the requirements of the Fair Work Act 2009. Specifically, the court had to determine if the agreement met the criteria for approval under the Act, including whether it provided for minimum rates of pay and conditions, and if it was made in good faith and without coercion. The union and the employer presented arguments regarding the fairness and reasonableness of the terms proposed in the agreement.

The court examined the provisions of the collective agreement and the evidence provided by both parties. It found that the agreement contained provisions for minimum rates of pay and conditions, and that the process leading to the agreement was conducted in good faith. The court considered the submissions from both sides and concluded that the agreement was fair and reasonable. Consequently, the court approved the collective agreement.

The final orders of the court were that the CBH Kwinana Grain Terminal Maintenance Union Collective Agreement 2021 be approved and registered under the Fair Work Act 2009. The court's decision affirmed the agreement as a binding instrument between the employer and the union, effective from the date of approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established