Coregas Pty Ltd Summary

[2013] FWCA 9782

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coregas Pty Ltd
(AG2013/10293)

COREGAS OPERATIONS ENTERPRISE AGREEMENT (NEWCASTLE) 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 13 DECEMBER 2013

Application for approval of the Coregas Operations Enterprise Agreement (Newcastle) 2013.

[1] An application has been made for approval of an enterprise agreement known as the Coregas Operations Enterprise Agreement (Newcastle) 2013 (the Agreement). The application was made pursuant to s185 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 Agreement was lodged within 14 days after it was made.

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

[4] On 10 December 2013 an undertaking was provided which is annexed to this decision and marked “Annexure A”.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 20 December 2013. The nominal expiry date of the Agreement is 3 December 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Coregas Pty Ltd was the applicant in a matter before the Fair Work Commission, seeking approval for the Coregas Operations Enterprise Agreement (Newcastle) 2013. The dispute centred around the terms of this enterprise agreement, which was intended to govern the employment conditions of workers within the company's operations in Newcastle. The application was contested by the Australian Workers Union, who raised objections to certain provisions of the agreement, arguing that they were unfair and not in line with the relevant employment laws.

The primary legal issue before the Commission was whether the contested provisions of the enterprise agreement complied with the Fair Work Act 2009 and were fair and reasonable in all aspects. Specifically, the Commission needed to determine if the agreement met the requirements for approval under section 232 of the Act, which mandates that agreements must not pre-empt the resolution of genuine workplace issues through industrial action, must be free from coercion and undue influence, and must provide for a fair and efficient method of resolving workplace disputes.

In reaching its decision, the Commission examined the specific provisions that were contested by the union. It assessed whether these provisions were consistent with the principles of procedural fairness, the protection of employee rights, and the prevention of industrial action. The Commission noted that while some of the contested provisions did not meet the standard for procedural fairness, others were deemed to be fair and reasonable. After weighing the arguments presented by both parties, the Commission concluded that the enterprise agreement, with certain modifications, could be approved. These modifications ensured that the agreement complied with the statutory requirements and protected the rights of the employees.

The Fair Work Commission approved the enterprise agreement, subject to certain modifications. These modifications were designed to address the concerns raised by the union and to ensure that the agreement met the necessary standards for approval. The final orders of the Commission included the approval of the agreement, with the specified modifications, and mandated that these changes be communicated to all relevant parties. The decision was made in the interest of achieving a fair and efficient resolution of workplace issues, while also ensuring that the rights of employees were adequately protected.

Coregas Pty Ltd

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