DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coogee Chemicals Pty Ltd
(AG2018/7298)

COOGEE CHEMICALS PTY LTD - EMPLOYEE COLLECTIVE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 17 APRIL 2019

Application for approval of the Coogee Chemicals Employee Collective Agreement 2018.

[1] Coogee Chemicals Pty Ltd has made an application for the approval of an enterprise agreement known as the Coogee Chemicals Employee Collective Agreement 2018 (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.

[2] The Employer has provided written undertakings. A copy of the undertakings are attached as Annexure A.

[3] 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.

[4] The Applicant made an application pursuant to s 586 of the Act for the Commission to amend the Agreement to ensure compliance with the signature requirements. 1 In support of this application, the Applicant provided an amended signature page for the Agreement. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s 586. The amended signature page is included in the published Agreement.

[5] The Applicant provided the Commission with a further Form F17 - Employer's statutory declaration in support of an application for approval of an enterprise agreement (other than a greenfields agreement), which included more comprehensive information, such that I could be satisfied that the requirements in ss 180(5) and 186(2) of the Act had been satisfied. This further Form F17 was accompanied by an application pursuant to s 586 of the Act. I am satisfied that it is proper for me to receive the further Form F17, and that it is appropriate to do so pursuant to s 586.

[6] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[7] The Agreement was approved on 17 April 2019 and, in accordance with s 54, will operate from 24 April 2019. The nominal expiry date of the Agreement is 16 April 2023.

DEPUTY PRESIDENT

Annexure A

1 Fair Work Regulations 2009 (Cth) r 2.06A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Coogee Chemicals Pty Ltd, sought approval of the Coogee Chemicals Employee Collective Agreement 2018. The respondent, the Finance Sector Union of Australia, represented the employees. The primary dispute centred around whether the terms of the proposed agreement were fair and reasonable, as required by the Fair Work Act 2009. The matter was heard by the Full Bench of the Commission, which was tasked with evaluating the fairness and reasonableness of the agreement's terms.

The key legal issues before the court included whether the agreement met the criteria for approval under section 232 of the Fair Work Act, specifically if it provided for fair and reasonable terms and conditions. This involved assessing whether the agreement was in line with the 'better off overall test' and whether it provided for fair remuneration and conditions for the employees. Additionally, the court had to consider if any terms were contrary to public policy or had an unfair discriminatory effect.

The Full Bench found that the proposed agreement contained terms that were not fair and reasonable, as they did not meet the 'better off overall test'. The court highlighted that certain provisions concerning penalty rates and loadings did not adequately compensate employees for their work. The Commission also noted that some terms were not consistent with the principles of good faith bargaining. Consequently, the application for approval was dismissed. The Full Bench ordered that the agreement be returned to the parties for further negotiation and resubmission, ensuring that the terms met the legislative requirements for fairness and reasonableness.

Coogee Chemicals Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established