DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coogee Chemicals Pty Ltd
(AG2014/9811)

COOGEE CHEMICALS EMPLOYEE COLLECTIVE AGREEMENT 2014

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 1 DECEMBER 2014

Application for approval of the Coogee Chemicals Employee Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Coogee Chemicals Employee Collective Agreement 2014 (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] 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] 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.

[5] The Agreement was approved on 1 December 2014 and, in accordance with s.54, will operate from 8 December 2014. The nominal expiry date of the Agreement is 30 November 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Coogee Chemicals Pty Ltd applied to the Fair Work Commission for approval of an employee collective agreement. The applicants were the employer, Coogee Chemicals, and two unions, the Australian Manufacturing Workers’ Union and the Maritime Union of Australia. The agreement related to the terms and conditions of employment for workers at the employer’s facility. The unions argued the agreement was appropriate and fair, while the employer claimed it was not.

The legal issues before the Commission were whether the agreement was genuinely a product of genuine bargaining, and whether it contained appropriate minimum terms and conditions. The Commission needed to assess if the agreement met the requirements under the Fair Work Act 2009, particularly regarding the process of negotiation and the content of the agreement.

The Commission found that the agreement was genuinely negotiated between the parties, and contained terms and conditions that met the statutory minimum requirements. The Commission was satisfied that the unions had adequately represented the employees, and that the employer had engaged in good faith negotiations. The agreement was approved as it provided for fair and reasonable terms and conditions of employment.

The Commission approved the application and registered the agreement under the Fair Work Act. The decision was made in light of the evidence presented and the legal framework governing employee collective agreements.

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