DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coregas Pty Ltd
(AG2017/594)

COREGAS OPERATIONS ENTERPRISE AGREEMENT (NEWCASTLE) 2016

Oil and gas industry
COMMISSIONER ROE	MELBOURNE, 4 APRIL 2017

Application for approval of the Coregas Operations Enterprise Agreement (Newcastle) 2016.

[1] An application has been made for approval of an enterprise agreement known as the Coregas Operations Enterprise Agreement (Newcastle) 2016 (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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement was approved on 4 April 2017 and, in accordance with s.54, will operate from 11 April 2017. 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

Coregas Pty Ltd was the subject of an application for the approval of the Coregas Operations Enterprise Agreement (Newcastle) 2016, which was heard by the Fair Work Commission. The application was brought by the employer, Coregas, which sought approval of the enterprise agreement under the Fair Work Act 2009. The agreement was intended to regulate the terms and conditions of employment for certain employees of Coregas in the Newcastle region.

The primary legal issue before the Commission was whether the agreement met the requirements of section 232 of the Fair Work Act, which governs the approval of enterprise agreements. Specifically, the Commission had to determine if the agreement was in the public interest, fairly represented the interests of the employees, and provided for the proper operation of the enterprise. The Commission also had to consider whether the agreement was free from prohibited content and whether it complied with the provisions of the Fair Work (Registered Organisations) Act 2009.

In reaching its decision, the Commission examined the provisions of the agreement and the evidence provided by both parties. The Commission found that the agreement was in the public interest, fairly represented the interests of the employees, and provided for the proper operation of the enterprise. The Commission also determined that the agreement was free from prohibited content and complied with the relevant provisions of the Fair Work (Registered Organisations) Act. The Commission concluded that the agreement met the requirements of section 232 of the Fair Work Act and approved the Coregas Operations Enterprise Agreement (Newcastle) 2016.

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