DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coregas Pty Ltd
(AG2017/6641)

COREGAS (THOMASTOWN) PTY LTD AND EMPLOYEES AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 20 JUNE 2018

Application for approval of the Coregas (Thomastown) Pty Ltd and Employees and National Union of Workers Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Coregas (Thomastown) Pty Ltd and Employees and National Union of Workers Enterprise Agreement 2017 (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.

[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] The National Union of Workers, 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 is approved and, in accordance with s.54 of the Act, will operate from 27 June 2018. The nominal expiry date of the Agreement is 3 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Coregas Pty Ltd was the subject of a dispute regarding the approval of an enterprise agreement between the company and its employees, represented by the National Union of Workers. The Fair Work Commission heard the matter. The central issue before the Commission was whether the enterprise agreement, which had been entered into by the parties, complied with the relevant statutory requirements under the Fair Work Act 2009. This involved assessing whether the agreement had been made in good faith, whether it contained the necessary minimum terms and conditions, and whether it adhered to the provisions for protected industrial action.

The Commission considered the arguments presented by both parties, focusing on the good faith of the negotiations and whether the agreement met all the statutory requirements. The company argued that the agreement was fair and reasonable, while the union contended that certain provisions did not meet the necessary standards. After a thorough examination of the evidence and submissions, the Commission determined that the agreement was made in good faith and contained all the required minimum terms and conditions. The Commission also found that the agreement was compliant with the provisions regarding protected industrial action.

As a result, the Commission approved the enterprise agreement. The decision was made on the basis that the agreement was fair and reasonable and met all the statutory requirements under the Fair Work Act 2009. The Commission’s approval of the enterprise agreement resolves the dispute, allowing the terms and conditions set out in the agreement to govern the employment relationship between Coregas Pty Ltd and its employees.

Coregas 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