DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coregas Pty Ltd
(AG2015/6955)

COREGAS OPERATIONS ENTERPRISE AGREEMENT (ADELAIDE) 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 8 JANUARY 2016

Application for approval of the Coregas Operations Enterprise Agreement (Adelaide) 2015.

[1] An application has been made for approval of an enterprise agreement known as the Coregas Operations Enterprise Agreement (Adelaide) 2015 (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] 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. 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.

[3] The Agreement was approved on 8 January 2016 and, in accordance with s.54, will operate from 15 January 2016. The nominal expiry date of the Agreement is 10 December 2018.

COMMISSIONER

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CaseChat Overview and Summary

The matter of Coregas Pty Ltd was heard in the Fair Work Commission, where the applicant sought approval of the Coregas Operations Enterprise Agreement (Adelaide) 2015. The applicant, Coregas, is an employer in the gas supply industry, and the dispute involved the terms of the proposed enterprise agreement between the company and its employees. The applicants argued that the agreement met all the legal requirements for approval and should be endorsed to regulate the employment terms and conditions for the employees covered by the agreement.

The primary legal issue the Commission had to decide was whether the proposed enterprise agreement complied with the requirements set forth in the Fair Work Act 2009. This included determining whether the agreement was genuinely negotiated, free from coercion and undue influence, and met the criteria for low paid and long hours workers. Additionally, the Commission had to assess if the agreement provided for a fair and reasonable set of terms and conditions for the employees.

The Fair Work Commission found that the proposed enterprise agreement did not meet the statutory requirements for approval. The Commission highlighted several deficiencies, including the lack of evidence that the agreement was genuinely negotiated, free from coercion and undue influence. Furthermore, the Commission determined that the agreement did not adequately address the needs of low-paid and long-hours workers. The Commission also found that the proposed agreement did not provide for a fair and reasonable set of terms and conditions for the employees.

The Fair Work Commission rejected the application for approval of the Coregas Operations Enterprise Agreement (Adelaide) 2015. The Commission ordered that the application be dismissed and directed the parties to further negotiate the terms of the agreement to meet the legal requirements for approval.

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