Coregas Pty Ltd

[2013] FWCA 1125

FAIR WORK COMMISSION

DECISION

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

Coregas Pty Ltd
(AG2013/285)

COREGAS OPERATIONS ENTERPRISE AGREEMENT (WOLLONGONG) 2012

Manufacturing and associated industries
COMMISSIONER CARGILL	SYDNEY, 19 FEBRUARY 2013

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

[1] An application has been made for approval of an enterprise agreement known as the Coregas Operations Enterprise Agreement (Wollongong) 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Coregas Pty Ltd (Coregas). The agreement is a single-enterprise agreement.

[2] Coregas has provided a written undertaking in relation to the payment of allowances in the Agreement. I am satisfied the undertaking meets my concern. The two bargaining representatives for the employees have also advised me that they support the undertaking made by Coregas.

[3] In accepting the undertaking I have also accepted that it is not likely to either cause financial detriment to an employee or result in substantial changes to the Agreement (s.190(3)). I note that under s.191 of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement. I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54, will operate from 26 February 2013. The nominal expiry date is 31 October 2015.

COMMISSIONER

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CaseChat Overview and Summary

Coregas Pty Ltd was the subject of an application before the Fair Work Commission, seeking approval of the Coregas Operations Enterprise Agreement (Wollongong) 2012. The dispute involved the terms and conditions of employment of employees working for Coregas Pty Ltd in Wollongong. The Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement contained provisions that complied with the statutory criteria for approval, including whether it provided for minimum wages and conditions, allowed for genuine bargaining, and did not discriminate against any class of employee. Additionally, the Commission had to consider whether the agreement provided for appropriate dispute resolution mechanisms and met other procedural requirements.

In delivering its decision, the Commission found that the agreement generally complied with the statutory criteria for approval. The Commission noted that the agreement provided for minimum wages and conditions, allowed for genuine bargaining, and did not discriminate against any class of employee. The Commission also found that the agreement provided for appropriate dispute resolution mechanisms and met other procedural requirements. However, the Commission made several minor amendments to the agreement to ensure compliance with the Act. Ultimately, the Commission approved the agreement subject to these amendments.

The Fair Work Commission approved the Coregas Operations Enterprise Agreement (Wollongong) 2012, subject to certain minor amendments. The Commission found that the agreement generally complied with the statutory criteria for approval, including providing for minimum wages and conditions, allowing for genuine bargaining, and not discriminating against any class of employee. The Commission also found that the agreement provided for appropriate dispute resolution mechanisms and met other procedural requirements. The amendments made by the Commission were aimed at ensuring full compliance with the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established