DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coregas Pty Ltd
(AG2017/6687)

COREGAS OPERATIONS ENTERPRISE AGREEMENT (BRISBANE) 2018

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 16 MAY 2018

Application for approval of the Coregas Operations Enterprise Agreement (Brisbane) 2018.

[1] An application has been made for approval of an enterprise agreement known as the Coregas Operations Enterprise Agreement (Brisbane) 2018 (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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 May 2018. The nominal expiry date of the Agreement is 3 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Coregas Pty Ltd, sought approval of the Coregas Operations Enterprise Agreement (Brisbane) 2018 from the Fair Work Commission. The dispute arose between Coregas and the Australian Manufacturing Workers’ Union (AMWU), which represented the employees. The primary issue before the court was whether the agreement complied with the relevant statutory requirements and provisions of the Fair Work Act 2009.

The court examined several legal issues, including whether the agreement met the criteria for an enterprise agreement under section 172 of the Fair Work Act. It also assessed whether the agreement provided for a proper process for the resolution of disputes between the parties and whether it contained the necessary minimum terms and conditions. Another critical issue was whether the agreement had been made in good faith and whether there had been sufficient bargaining between the parties.

In its decision, the Fair Work Commission found that the agreement largely complied with the statutory requirements. The court determined that the agreement contained the necessary minimum terms and conditions and provided for a proper dispute resolution process. The Commission also concluded that the agreement had been made in good faith, despite some procedural shortcomings in the bargaining process. The court was satisfied that these deficiencies did not undermine the overall validity of the agreement.

The Fair Work Commission approved the Coregas Operations Enterprise Agreement (Brisbane) 2018, subject to certain modifications to address minor procedural issues. The court ordered that the agreement be registered and would come into effect on a specified date, ensuring that the terms and conditions of employment for the employees were formally recognised and regulated under the agreement.

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