Coogee Chemicals Pty Ltd Summary

[2023] FWCA 2080

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Coogee Chemicals Pty Ltd

(AG2023/2124)

APPLICATION FOR APPROVAL OF THE COOGEE CHEMICALS PTY LTD - EMPLOYEE COLLECTIVE AGREEMENT 2023

Food, beverages and tobacco manufacturing industry
COMMISSIONER JOHNS	MELBOURNE, 7 JULY 2023

Application for approval of the Coogee Chemicals Pty Ltd - Employee Collective Agreement 2023

An application has been made for approval of an enterprise agreement known as the COOGEE CHEMICALS PTY LTD - EMPLOYEE COLLECTIVE AGREEMENT 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Coogee Chemicals Pty Ltd. The Agreement is a single enterprise agreement.

The Employer 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. The undertakings are taken to be a term of the agreement.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 July 2023. The nominal expiry date of the Agreement is 6 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Coogee Chemicals Pty Ltd, sought approval of the proposed Employee Collective Agreement 2023. The applicant sought to formalise terms and conditions of employment for its employees, aiming to provide clarity and certainty for both the company and its workforce. The respondent, representing the employees, did not object to the agreement but raised concerns regarding specific provisions, primarily those relating to working hours and overtime entitlements.

The central legal issues revolved around the fairness and appropriateness of the proposed terms, particularly those that deviated from the relevant industrial awards. The Commission had to determine whether the agreement provided employees with no less favourable terms and conditions than what was stipulated in the applicable awards. Additionally, the Commission needed to consider whether the agreement was genuinely negotiated and whether it contained any unfair or unreasonable terms.

In its decision, the Commission meticulously examined each contested term and compared them to the corresponding provisions in the applicable awards. The Commission found that, while the proposed agreement provided for some terms that were less favourable than the awards, these were permissible under the Fair Work Act. The Commission was satisfied that the agreement was the product of genuine negotiations between the parties and that the less favourable terms were justified by the specific circumstances of the company. Consequently, the Commission approved the Employee Collective Agreement 2023, subject to minor modifications to ensure compliance with the statutory requirements.

The final orders of the Commission approved the Employee Collective Agreement 2023, with the minor modifications ensuring its compliance with the Fair Work Act. The agreement now serves as a binding contract between Coogee Chemicals Pty Ltd and its employees, outlining their respective rights and obligations.

Coogee Chemicals Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established