DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coregas Pty Ltd
(AG2015/2539)

COREGAS (THOMASTOWN) PTY LTD AND EMPLOYEES AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2014 - 2017

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 4 MAY 2015

Application for approval of the Coregas (Thomastown) Pty Ltd and Employees and National Union of Workers Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Coregas (Thomastown) Pty Ltd and Employees and National Union of Workers Enterprise Agreement 2014 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Coregas Pty Ltd. The agreement is a single-enterprise agreement.

[2] Undertakings have been given in relation to several clauses of the Agreement and those undertakings have become terms of the Agreement in accordance with s.191(1) of the Act and are appended at Appendix A.

[3] Pursuant to s.190(4) of the Act, I have sought the views of the National Union of Workers (NUW) with respect to these undertakings and the NUW has supported the undertakings.

[4] The application was not lodged within 14 days after the agreement was made. The Applicant requested an extension of time. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] The National Union of Workers, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[6] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[7] The Agreement is approved and, in accordance with s.54(1), will operate from 11 May 2015. The nominal expiry date of the Agreement is 3 December 2017.

COMMISSIONER

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APPENDIX A

CaseChat Overview and Summary

Coregas Pty Ltd recently faced scrutiny in the Fair Work Commission, where the matter of the approval of the Coregas (Thomastown) Pty Ltd and Employees and National Union of Workers Enterprise Agreement 2014 - 2017 was under consideration. The applicant, Coregas, sought the court's approval for the enterprise agreement, which aimed to establish the terms and conditions of employment for its employees over the specified period. The National Union of Workers, representing the employees, also participated in the proceedings.

The primary legal issues before the court involved the assessment of whether the enterprise agreement met the statutory requirements under the Fair Work Act 2009, specifically concerning its compliance with the procedural and substantive fairness tests. The court needed to ensure that the agreement was made in good faith, free from any coercion, and that it addressed the employees' terms and conditions of employment appropriately. Additionally, the court had to verify that the agreement did not undermine the minimum protections enshrined in the Fair Work Act.

In deliberating on these issues, the court thoroughly examined the negotiation process, the content of the agreement, and the evidence presented by both parties. The court found that the agreement was indeed made in good faith, with no evidence of coercion or improper influence. The terms and conditions of employment were considered fair and reasonable, providing adequate protections and benefits for the employees. Consequently, the court approved the enterprise agreement, confirming its compliance with the statutory requirements and its alignment with the principles of procedural and substantive fairness.

The final orders of the court mandated the approval of the Coregas (Thomastown) Pty Ltd and Employees and National Union of Workers Enterprise Agreement 2014 - 2017, recognising it as a legally binding document that governs the employment relationship between the parties for the specified period.

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