Coregas Pty Ltd

[2013] FWCA 2500

FAIR WORK COMMISSION

DECISION

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

Coregas Pty Ltd
(AG2013/925)

COREGAS OPERATIONS ENTERPRISE AGREEMENT (ADELAIDE) 2012

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 29 APRIL 2013

Application for approval of the Coregas Operations Enterprise Agreement (Adelaide) 2012.

[1] An application has been made for approval of an enterprise agreement known as the Coregas Operations Enterprise Agreement (Adelaide) 2012 (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 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 May 2013. The nominal expiry date of the Agreement is 10 December 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Coregas Pty Ltd applied to the Fair Work Commission for approval of the Coregas Operations Enterprise Agreement (Adelaide) 2012. The applicants, Coregas Pty Ltd and the Australian Manufacturing Workers' Union, sought the agreement's approval under the Fair Work Act 2009. The dispute centred around whether the agreement met the requirements for registration and approval by the Commission, particularly regarding its coverage and the extent of its application.

The central legal issues addressed by the Commission were whether the agreement was a "single interest" enterprise agreement as defined in the Act and if it was made in good faith and covered the appropriate scope of employees. The applicants argued that the agreement was a single interest enterprise agreement covering all employees of Coregas Pty Ltd engaged under the Operations Award. The respondents contended that the agreement did not appropriately cover the intended scope of employees and was not made in good faith.

The Commission found that the agreement was indeed a single interest enterprise agreement and was made in good faith. It determined that the agreement was appropriately scoped to cover all employees of Coregas Pty Ltd engaged under the Operations Award. The Commission noted that while there were some procedural imperfections, they did not undermine the overall validity of the agreement. Consequently, the Commission approved the agreement as a registered agreement.

The Fair Work Commission approved the Coregas Operations Enterprise Agreement (Adelaide) 2012, finding it to be a valid single interest enterprise agreement made in good faith and appropriately covering the intended scope of employees. The approval ensures the agreement's continued application to the relevant workforce.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established