Co-operative Bulk Handling Ltd

[2019] FWCA 566

[2019] FWCA 566

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Co-operative Bulk Handling Ltd
(AG2018/6761)

CBH KWINANA ZONE MAINTENANCE UNION COLLECTIVE AGREEMENT 2018

Storage services
COMMISSIONER PLATT	ADELAIDE, 1 FEBRUARY 2019

Application for approval of the CBH Kwinana Zone Maintenance Union Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the CBH Kwinana Zone Maintenance Union Collective Agreement 2018 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Co-operative Bulk Handling Ltd. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 11 January 2019.

[3] On 17 January 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Respondent to address these matters including the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 25 January 2019. The undertaking deals with the following topics:

•  The Employer undertakes that employees covered by the Agreement who work in roster patterns which require them to regularly work Sundays and public holidays are seven day shift workers for the purposes of the National Employment Standards.

•  The employer has provided a provision in the undertaking which sets out the terms and conditions which covers a part-time employee’s employment.

•  The Employer has provided a provision in the undertaking which includes the definition of a casual employee as well as the terms and conditions which covers a casual employee’s employment.

•  Notwithstanding clause 20 of the Agreement, employees will not receive less than 4 weeks’ annual leave per year, or in the case of shift workers, not less than 5 weeks’ annual leave per year.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] The “Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU)” and the “‘Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union’ known as the Australian Manufacturing Workers’ Union (AMWU)”, 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) of the Act I note that the Agreement covers these organisations.

[8] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 24 March 2021.

COMMISSIONER

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