DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coogee Chemicals Pty Ltd
(AG2017/1234)

COOGEE CHEMICALS ELITE PLANT OPERATOR AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 2 MAY 2017

Application for approval of the Coogee Chemicals Elite Plant Operator Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Coogee Chemicals Elite Plant Operator Agreement 2016 (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.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 2 May 2017 and, in accordance with s.54, will operate from 9 May 2017. The nominal expiry date of the Agreement is 22 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Coogee Chemicals Pty Ltd involved an application for approval of the Coogee Chemicals Elite Plant Operator Agreement 2016. The applicant, Coogee Chemicals, sought to have this agreement approved under the Fair Work Act 2009. The application was brought before the Fair Work Commission, a federal body in Australia responsible for workplace relations matters. The dispute centred around whether the proposed agreement met the requirements set out in the Act and whether it was in the best interests of the workers involved.

The central legal issues the court had to address were whether the proposed agreement was a simple, genuine, and fair workplace agreement. The court examined whether the agreement provided appropriate protections for employees and whether it was negotiated in good faith. Furthermore, the court assessed whether the agreement would lead to improved workplace outcomes, including fair terms and conditions of employment.

The Fair Work Commission found that the Coogee Chemicals Elite Plant Operator Agreement 2016 was indeed a genuine, fair, and simple agreement. The Commission determined that the agreement provided suitable protections for the employees and was negotiated in good faith. The court also concluded that the agreement would result in improved workplace outcomes, including fair terms and conditions of employment. Consequently, the Commission approved the agreement as requested by Coogee Chemicals.

The Fair Work Commission's decision to approve the Coogee Chemicals Elite Plant Operator Agreement 2016 was based on the evidence presented and the application of the relevant legislation. The Commission's approval signifies that the agreement meets the necessary standards for fairness and simplicity, and it will govern the workplace relations between Coogee Chemicals and its employees.

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