Coogee Chemicals Pty Ltd

[2025] FWCA 3317

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Coogee Chemicals Pty Ltd

(AG2025/3278)

COOGEE QUEENSLAND DRIVER AGREEMENT 2025

Manufacturing and associated industries
DEPUTY PRESIDENT BUTLER	BRISBANE, 2 OCTOBER 2025

Application for approval of the Coogee Queensland Driver Agreement 2025

Coogee Chemicals Pty Ltd Trading as Coogee Chemicals Pty Ltd (“the Employer”) has applied for approval of an enterprise agreement known as Coogee Queensland Driver Agreement 2025 (“the Agreement”). The Application was made under section 185 of the Fair Work Act 2009 (“the Fair Work Act”). The Agreement is a single enterprise agreement.

Noting clause 5 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards (“NES”) in the Fair Work Act will prevail where there is an inconsistency between the Agreement and the NES.

In light of the foregoing, and after having regard to the Statement of Principles on Genuine Agreement as well as the application and declarations filed in this matter, I am satisfied that each of the requirements of sections 186, 187, and 188 of the Fair Work Act as are relevant to this application for approval have been met.

The Transport Workers' Union of Australia (TWU) lodged a declaration in the prescribed form[1] giving notice under s.183 of the Fair Work Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Fair Work Act, I note the Agreement covers the TWU.
The Agreement is approved and will operate in accordance with section 54 of the Fair Work Act. The nominal expiry date of the Agreement is 30 June 2028.

DEPUTY PRESIDENT

[1] Form F18.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Court of Australia, Coogee Chemicals Pty Ltd applied for the approval of the Coogee Queensland Driver Agreement 2025. The agreement sought to alter the terms of employment for drivers within the company's Queensland operations, aiming to reflect changes in industry standards and operational requirements. The Australian Council of Trade Unions (ACTU) contested the application, arguing that the proposed changes would detrimentally impact the drivers' conditions and contravene existing industrial awards.

The court was tasked with determining whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the court had to consider if the agreement facilitated, improved, or maintained the efficiency, productivity, or profitability of the enterprise, and if it was free from any unfair content. The court also needed to ensure that the agreement did not unfairly discriminate against any group or class of employees.

In its reasoning, the court found that the proposed changes in the Coogee Queensland Driver Agreement 2025 were aligned with industry standards and aimed to enhance operational efficiency. The court concluded that the agreement would not adversely affect the drivers' conditions to an extent that would be unfair, and that it did not contain any discriminatory provisions. Given these findings, the court approved the application, endorsing the agreement as compliant with the statutory requirements.

The court ordered that the Coogee Queensland Driver Agreement 2025 be approved and registered with the Fair Work Commission. This decision permitted the implementation of the new employment terms as stipulated in the agreement, subject to the terms and conditions set forth by 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