Coregas Pty Ltd Summary

[2024] FWCA 3971

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Coregas Pty Ltd

(AG2024/3958)

COREGAS PTY LTD & AWU COREGAS OPERATIONS ENTERPRISE AGREEMENT (YENNORA) 2024

Manufacturing and associated industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 14 NOVEMBER 2024

Application for approval of the Coregas Pty Ltd & AWU Coregas Operations Enterprise Agreement (Yennora) 2024

An application has been made for approval of an enterprise agreement to be known as the Coregas Pty Ltd & AWU Coregas Operations Enterprise Agreement (Yennora) 2024 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Coregas Pty Ltd (Employer). The Agreement is a single enterprise agreement.

Coverage of employee organisation(s)

The Australian Workers’ Union (AWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Conclusion

I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 November 2024. The nominal expiry date of the Agreement is 30 September 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Coregas Pty Ltd recently sought approval of a new enterprise agreement from the Fair Work Commission. The proposed agreement, known as the Coregas Pty Ltd & AWU Coregas Operations Enterprise Agreement (Yennora) 2024, aimed to govern the employment terms and conditions for employees at the Yennora facility. The applicant, Coregas, approached the Fair Work Commission, an Australian independent statutory body, to obtain approval for the proposed agreement.

The primary legal issue before the Commission was whether the proposed agreement met the criteria set out in the Fair Work Act 2009, specifically sections 234 and 235. These sections require that the agreement provides for fair and reasonable terms and conditions, taking into account the needs of employees, the nature of the enterprise, and any other relevant factors. The Commission also needed to ensure that the agreement was made in good faith and that the process leading to its creation was fair.

In considering the application, the Commission examined the content of the proposed agreement and the process through which it was developed. The Commission found that the agreement contained terms and conditions that were fair and reasonable, considering the specific circumstances of the Yennora facility and its employees. The agreement addressed various aspects, including wages, hours of work, leave provisions, and dispute resolution mechanisms. The Commission also determined that the agreement was made in good faith and that the process leading to its creation was fair. Given these findings, the Commission approved the proposed agreement.

The Fair Work Commission approved the Coregas Pty Ltd & AWU Coregas Operations Enterprise Agreement (Yennora) 2024, deeming it to meet the statutory criteria under the Fair Work Act 2009. The approval ensures that the agreement will govern the employment terms and conditions for employees at the Yennora facility, providing a framework for fair and reasonable terms and conditions of employment.

Coregas Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established