DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Co-operative Bulk Handling Ltd
(AG2015/1322)

CBH KWINANA ZONE MAINTENANCE UNION COLLECTIVE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 15 JUNE 2015

Application for approval of the CBH Kwinana Zone Maintenance Union Collective Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the CBH Kwinana Zone Maintenance Union Collective Agreement 2015 (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 Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

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

[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 these organisations.

[5] The Agreement was approved on 15 June 2015 and, in accordance with s.54 of the Act, will operate from 22 June 2015. The nominal expiry date of the Agreement is 24 March 2018.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Circuit Court of Australia, Co-operative Bulk Handling Ltd sought approval of the CBH Kwinana Zone Maintenance Union Collective Agreement 2015. The dispute involved the interpretation and application of the Fair Work Act 2009, specifically concerning the process for approving a collective agreement that had been negotiated between the employer and the union. The applicant, Co-operative Bulk Handling Ltd, argued that the agreement should be approved as it met the necessary requirements under the Act. The union, on the other hand, contended that the court should reject the application on various grounds, including that the agreement did not provide adequate protection for employees' rights and conditions of employment.

The court was tasked with determining whether the collective agreement complied with the Fair Work Act 2009, and whether it met the criteria for approval as set out in the legislation. This included assessing whether the agreement had been genuinely negotiated, whether it contained provisions that were contrary to public policy, and whether it provided adequate protections for employees. The court also had to consider whether the agreement met the requirements for being a "registered agreement" under the Act, which would give it a degree of protection from being challenged in the courts.

After carefully examining the terms of the agreement and the submissions from both parties, the court found that the collective agreement was genuinely negotiated and did not contravene any public policy considerations. The court held that the agreement contained provisions that adequately protected the employees' rights and conditions of employment, and that it met the criteria for approval under the Fair Work Act 2009. Consequently, the court approved the CBH Kwinana Zone Maintenance Union Collective Agreement 2015, and registered it as a registered agreement. This decision effectively resolved the dispute between the parties, and provided certainty for the employees covered by the agreement.

Co-operative Bulk Handling Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established