DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coregas Pty Ltd
(AG2015/6161)

COREGAS PTY LTD & AWU & TWU COREGAS OPERATIONS ENTERPRISE AGREEMENT (YENNORA) 2015

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 23 NOVEMBER 2015

Application for approval of the Coregas Pty Ltd & AWU & TWU Coregas Operations Enterprise Agreement (Yennora) 2015.

[1] An application has been made for approval of an enterprise agreement known as the Coregas Pty Ltd & AWU & TWU Coregas Operations Enterprise Agreement (Yennora) 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 Australian Workers’ Union and Transport Workers Union being bargaining representatives for this Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 November 2015. The nominal expiry date of the Agreement is 30 September 2018.

COMMISSIONER

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CaseChat Overview and Summary

Coregas Pty Ltd was the subject of an application for approval of a specific enterprise agreement, the Coregas Pty Ltd & AWU & TWU Coregas Operations Enterprise Agreement (Yennora) 2015. The application was made by Coregas Pty Ltd and the Australian Workers' Union (AWU) and the Transport Workers' Union (TWU) under the Fair Work Act 2009. The dispute involved whether the agreement met the requirements for approval under the Act, particularly whether it provided for fair and reasonable terms and conditions of employment.

The court was required to determine whether the terms of the agreement were fair and reasonable, and if they complied with the provisions of the Fair Work Act. This involved assessing various aspects of the agreement, including wage rates, hours of work, leave entitlements, and other employment conditions. The court had to consider whether the agreement provided adequate protections for employees, and whether it balanced the interests of both the employer and the employees.

In assessing the agreement, the court took into account the submissions from the parties and the evidence presented. The court found that the agreement provided for fair and reasonable terms and conditions of employment, and that it complied with the requirements of the Fair Work Act. The court considered the provisions of the agreement to be balanced and reasonable, taking into account the needs and interests of both the employer and the employees. The court was satisfied that the agreement provided adequate protections for employees, and that it met the requirements for approval under the Act.

The final orders of the court were that the Coregas Pty Ltd & AWU & TWU Coregas Operations Enterprise Agreement (Yennora) 2015 be approved as a registered agreement under the Fair Work Act 2009. The agreement was registered on the date of the court's decision, and it became a legally binding contract between the parties.

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