Coregas Pty Ltd

[2013] FWCA 898

[2013] FWCA 898

FAIR WORK COMMISSION

DECISION

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

Coregas Pty Ltd
(AG2012/13118)

COREGAS PTY LTD & AWU & TWU COREGAS OPERATIONS ENTERPRISE AGREEMENT (YENNORA) 2012

Manufacturing and associated industries
COMMISSIONER BULL	SYDNEY, 7 FEBRUARY 2013

Application for approval of the Coregas Pty Ltd & AWU & TWU Coregas Operations Enterprise Agreement (Yennora) 2012.

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

[2] The Agreement at subclause 8.4 - Transport, provides for a starting time at or after 4:00am and before 7:00am. The Road Transport and Distribution Award 2010 (the Award) provides for an ordinary span of hours from 5:30am to 6:00pm. The Commission questioned the increase in the spread of hours and how employees covered by this Agreement are better off overall. The Applicant has advised that the rates of pay in the Agreement are higher than the Award, and compensate for the additional increase in the span of ordinary working hours.

[3] The Agreement covers operational staff engaged by the employer in the classifications defined within Agreement. I am satisfied that pursuant to s.186(3A) of the Act, this group is fairly chosen as being operationally or organisationally distinct.

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

[5] The Australian Workers’ Union and the Transport Workers’ Union of Australia, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. As required by s.201(2) I note that the Agreement covers these organisations.

[6] The Agreement is approved. In accordance with s.54(1) the Agreement will operate from 14 February 2013. The nominal expiry date of the Agreement is 30 September 2015.

COMMISSIONER

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