DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coregas Pty Ltd
(AG2019/1067)

COREGAS OPERATIONS ENTERPRISE AGREEMENT (WOLLONGONG) 2019

Manufacturing and associated industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 14 MAY 2019

Application for approval of the Coregas Operations Enterprise Agreement (Wollongong) 2019.

[1] An application has been made for approval of an enterprise agreement known as the Coregas Operations Enterprise Agreement (Wollongong) 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Coregas 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 May 2019. The nominal expiry date of the Agreement is 31 October 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Coregas Pty Ltd recently appeared before the Fair Work Commission in a matter concerning the approval of the Coregas Operations Enterprise Agreement (Wollongong) 2019. The application for approval was made by the employer, Coregas Pty Ltd, and the dispute involved the terms and conditions of employment as outlined in the proposed agreement. The Commission was required to determine whether the agreement met the necessary legal standards and whether it was appropriate for endorsement.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the provisions of the Fair Work Act 2009. This included assessing if the agreement adhered to the requirements for registration, such as covering a protected industrial action and addressing the essential terms of employment. The Commission also had to consider whether the agreement was consistent with the “better off overall test,” ensuring that employees were not disadvantaged by the terms of the agreement. Additionally, the Commission evaluated the fairness and reasonableness of the proposed terms, particularly in light of any objections raised by employee representatives.

In delivering its decision, the Fair Work Commission carefully examined the contents of the proposed agreement and the submissions made by both Coregas Pty Ltd and the employees’ representatives. The Commission found that the agreement met the statutory requirements for registration and was in compliance with the relevant provisions of the Fair Work Act 2009. It was determined that the agreement passed the better off overall test, as the terms provided were at least as favourable as the applicable award or previous agreement. The Commission also concluded that the proposed terms were fair and reasonable, taking into account the specific circumstances of the employees. As a result, the Commission approved the Coregas Operations Enterprise Agreement (Wollongong) 2019.

The Fair Work Commission approved the Coregas Operations Enterprise Agreement (Wollongong) 2019, subject to the terms and conditions set out in the decision. This approval signifies that the agreement is now legally binding between Coregas Pty Ltd and its employees, effective from the date of the decision.

Coregas Pty Ltd

DECISION

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established