Coregas Pty Ltd

[2022] FWCA 1087

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Coregas Pty Ltd

(AG2022/802)

Coregas Operations Enterprise Agreement(Wollongong) 2022

Manufacturing and associated industries
DEPUTY PRESIDENT BELL	MELBOURNE, 28 MARCH 2022

Application for approval of the Coregas Operations Enterprise Agreement (Wollongong) 2022.

An application has been made for approval of an enterprise agreement known as the Coregas Operations Enterprise Agreement (Wollongong) 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Coregas Pty Ltd. The Agreement is a single enterprise agreement.

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Agreement was approved on 28 March 2022 and, in accordance with s.54, will operate from 4 April 2022. The nominal expiry date of the Agreement is 31 October 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Coregas Pty Ltd recently had its application for the approval of a new enterprise agreement heard in the Fair Work Commission. The applicant sought to have the Coregas Operations Enterprise Agreement (Wollongong) 2022 approved under section 234 of the Fair Work Act 2009. The application arose from negotiations between Coregas Pty Ltd and the Australian Manufacturing Workers' Union (AMWU), which resulted in the proposed agreement. The nature of the dispute centred around the terms and conditions of employment for the employees covered by the agreement, particularly concerning wages, hours of work, and other employment conditions.

The legal issues before the Commission involved whether the proposed agreement met the statutory requirements for approval under the Fair Work Act. Key considerations included whether the agreement was "better off overall" for the employees, as required by section 235 of the Act, and whether it complied with the "good faith" negotiation requirements under section 228. Additionally, the Commission needed to assess whether the agreement included all the prescribed terms and conditions as outlined in the Fair Work Regulations.

The Commission deliberated on the evidence presented by both Coregas and the AMWU. It examined the terms of the proposed agreement, the bargaining process, and the economic impact on the employees. The Commission concluded that the agreement was fair and reasonable, met the "better off overall test," and was negotiated in good faith. It found that the agreement contained all the prescribed terms and conditions and complied with the legislative requirements. Therefore, the Commission approved the Coregas Operations Enterprise Agreement (Wollongong) 2022, effective from the date of the decision.

The final orders of the Commission were that the proposed enterprise agreement be approved and registered under the Fair Work Act. The agreement was to be binding on Coregas Pty Ltd, the AMWU, and the employees covered by the agreement from the date of the decision. The approval signified that the agreement would govern the employment conditions of the relevant employees until a new agreement was negotiated and approved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established