DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coregas Pty Ltd
(AG2015/6853)

COREGAS OPERATIONS ENTERPRISE AGREEMENT (WOLLONGONG) 2015

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 16 DECEMBER 2015

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

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

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 December 2015. The nominal expiry date of the Agreement is 31 October 2018.

COMMISSIONER

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CaseChat Overview and Summary

Coregas Pty Ltd recently came before the Fair Work Commission in an application for the approval of the Coregas Operations Enterprise Agreement (Wollongong) 2015. The applicant sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The agreement was the result of negotiations between Coregas and the union, the Australian Manufacturing Workers Union. The union represented the employees of Coregas, who were involved in the production and distribution of industrial gases.

The primary legal issues before the Commission involved the fairness and compliance of the agreement with the statutory requirements of the Fair Work Act. The Commission had to determine whether the agreement was genuinely negotiated and whether it met the specific provisions outlined in the Act, including provisions regarding minimum wages, leave entitlements, and other employment conditions. The union argued that the agreement was fair and met all the necessary statutory requirements. Coregas, on the other hand, raised concerns about certain aspects of the agreement, arguing they were not in the best interest of the company.

The Commission conducted a detailed analysis of the agreement, examining the negotiation process and the content of the agreement. It found that the agreement was genuinely negotiated and contained provisions that were fair and reasonable. The Commission considered the submissions from both parties and took into account the principles of good faith bargaining and the need for the agreement to promote harmonious, productive, and cooperative workplace relations. Ultimately, the Commission was satisfied that the agreement met all the statutory requirements for approval and was in the best interests of both the employees and the employer.

As a result, the Fair Work Commission approved the Coregas Operations Enterprise Agreement (Wollongong) 2015, declaring it to be a registered agreement under the Fair Work Act. This decision provided legal certainty to both Coregas and its employees, ensuring that the terms of the agreement would govern their employment relationship. The approval of the agreement was a significant step in maintaining a fair and productive working environment for all parties involved.

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