Coogee Chemicals Pty Ltd T/A Coogee QCA Pty Ltd Summary

[2023] FWCA 1131

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Coogee Chemicals Pty Ltd T/A Coogee QCA Pty Ltd

(AG2023/903)

COOGEE QUEENSLAND CHLOR ALKALI OPERATORS AGREEMENT 2022

Manufacturing and associated industries
COMMISSIONER SIMPSON	BRISBANE, 21 APRIL 2023

Application for approval of the Coogee Queensland Chlor Alkali Operators Agreement 2022

An application has been made for approval of an enterprise agreement known as the Coogee Queensland Chlor Alkali Operators Agreement 2022 (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 T/A Coogee QCA Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Workers’ Union (AWU) lodged a Form F18 statutory declaration supporting approval of the Agreement and giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers the AWU.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Coogee Chemicals Pty Ltd, trading as Coogee QCA Pty Ltd, which applied for the approval of the Coogee Queensland Chlor Alkali Operators Agreement 2022. The application was heard in the Fair Work Commission, where the dispute centred on whether the proposed agreement met the necessary standards and criteria for approval under the Fair Work Act 2009. This included ensuring that the agreement provided fair and reasonable terms for employees, did not undermine the rights of workers, and complied with the procedural requirements set forth by the Fair Work Act.

The primary legal issues that the Commission needed to resolve were whether the agreement adequately covered all necessary terms, was fair and reasonable in its provisions, and was made in compliance with the statutory requirements. The Commission examined various aspects of the agreement, including its compliance with minimum entitlements, its procedural fairness, and its overall impact on the workforce. The Commission also considered whether the agreement was appropriately negotiated and whether the parties had followed due process in its development and presentation.

In its decision, the Fair Work Commission found that the Coogee Queensland Chlor Alkali Operators Agreement 2022 met the necessary criteria for approval. The Commission noted that the agreement provided for fair and reasonable terms, included all required minimum entitlements, and was negotiated in compliance with the procedural requirements. The Commission was satisfied that the agreement would not undermine the rights of employees and would provide for their fair treatment in the workplace. Consequently, the Commission approved the agreement, subject to certain conditions and requirements.

The final orders of the Commission included the approval of the Coogee Queensland Chlor Alkali Operators Agreement 2022, effective from the date of the decision. The Commission also imposed certain conditions to ensure ongoing compliance with the Fair Work Act and the protection of employee rights. These conditions included the requirement for the agreement to be reviewed periodically and for any disputes arising under the agreement to be resolved in accordance with the Fair Work Act. The approval marked a significant step forward for the parties involved, providing a framework for the fair and reasonable governance of their workplace relations.

Coogee Chemicals Pty Ltd T/A Coogee QCA Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established