Coregas Pty Ltd

[2013] FWCA 3446

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Coregas Pty Ltd
(AG2013/1185)

COREGAS OPERATIONS ENTERPRISE AGREEMENT (BRISBANE) 2013

Manufacturing and associated industries
COMMISSIONER SIMPSON	BRISBANE, 31 MAY 2013

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

[1] An application has been made for approval of an enterprise agreement known as the Coregas Operations Enterprise Agreement (Brisbane) 2013 (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 ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The agreement is approved. In accordance with s.54(1) it will operate from 7 June 2013. The nominal expiry date of the Agreement is 3 December 2015.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of Coregas Pty Ltd, the Fair Work Commission was asked to determine the approval of the Coregas Operations Enterprise Agreement (Brisbane) 2013. The applicant, Coregas, sought the agreement's approval, which was negotiated between Coregas and the relevant trade union. The nature of the dispute centred around the terms and conditions of employment outlined in the agreement, including wages, working hours, and other employment-related matters.

The legal issues before the Commission involved assessing whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided for minimum entitlements, was free from prohibited content, and whether it had been fairly negotiated. Additionally, the Commission had to consider submissions from interested parties, including the union and Coregas, to ensure that the agreement was in the best interests of the employees and the employer.

In its decision, the Commission carefully examined the provisions of the agreement and the submissions from the parties. The Commission found that the agreement provided for minimum entitlements and was free from prohibited content, meeting the requirements of the Fair Work Act. The Commission also considered the fairness of the negotiation process and concluded that the agreement had been fairly negotiated. Based on these findings, the Commission approved the Coregas Operations Enterprise Agreement (Brisbane) 2013, effective from the date of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established