Coregas Pty Ltd

[2025] FWCA 235

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Coregas Pty Ltd

(AG2024/5008)

COREGAS OPERATIONS ENTERPRISE AGREEMENT (WOLLONGONG) 2024

Oil and gas industry
DEPUTY PRESIDENT CROSS	SYDNEY, 22 JANUARY 2025

Application for approval of the Coregas Operations Enterprise Agreement (Wollongong) 2024

An application has been made for approval of an enterprise agreement known as the Coregas Operations Enterprise Agreement (Wollongong) 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Coregas Pty Ltd. The Agreement is a single enterprise agreement.

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.

I note that the Agreement contains an NES precedence clause at cl.5.9, and this clause will be relied upon in the event of any inconsistency between this Agreement and the National Employment Standards

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 January 2025. The nominal expiry date of the Agreement is 31 October 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

In this matter, Coregas Pty Ltd sought approval of the Coregas Operations Enterprise Agreement (Wollongong) 2024 from the Fair Work Commission. The application was made under section 234 of the Fair Work Act 2009, which allows for the registration of an enterprise agreement if the Commission is satisfied that the agreement meets the criteria set out in the Act. The dispute centred on the terms and conditions of employment for employees of Coregas Pty Ltd in Wollongong, particularly the agreement's compliance with the procedural and substantive requirements of the Fair Work Act.

The primary legal issue before the Commission was whether the agreement complied with the procedural and substantive requirements of the Act. Procedurally, the Commission had to determine if the agreement had been made in accordance with the relevant provisions of the Act, including the requirement for genuine bargaining and the provision of necessary information to the parties. Substantively, the Commission needed to assess whether the terms of the agreement met the prescribed minimum standards set out in the Fair Work Act, such as those relating to minimum wages, penalties rates, and leave entitlements.

The Commission found that the agreement was made through genuine bargaining and that all necessary procedural requirements were met. It noted that both parties had provided the required information and that the agreement addressed key terms of employment in a fair and reasonable manner. The substantive terms of the agreement were also found to comply with the minimum standards prescribed by the Act, including those relating to wages, penalties rates, and leave entitlements. The Commission was satisfied that the agreement was fair and reasonable and met all legal requirements. Consequently, the Commission approved the Coregas Operations Enterprise Agreement (Wollongong) 2024 for registration.

In its decision, the Commission ordered the registration of the Coregas Operations Enterprise Agreement (Wollongong) 2024, effective from the date of the decision. This registration meant that the agreement would be binding on all employees covered by the agreement, and the terms and conditions outlined in the agreement would govern their employment. The decision also provided a framework for the resolution of any future disputes arising under the agreement, ensuring that the rights and obligations of both the employer and employees were clearly defined and enforceable.

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