Coregas Pty Ltd

[2022] FWCA 385

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coregas Pty Ltd
(AG2021/9258)

COREGAS PTY LTD & AWU COREGAS OPERATIONS ENTERPRISE AGREEMENT (YENNORA) 2021

Manufacturing and associated industries
DEPUTY PRESIDENT EASTON	SYDNEY, 8 FEBRUARY 2022

Application for approval of the Coregas Pty Ltd & AWU Coregas Operations Enterprise Agreement (Yennora) 2021.

[1] Coregas Pty Ltd (the Employer) has made an application for the approval of the Coregas Pty Ltd & AWU Coregas Operations Enterprise Agreement (Yennora) 2021 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

[3] Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

[4] I note that Clause 6.11 – Types of Employment (Failing to give require notice) and Clause 18.14(e) – Redundancy (Time off) are potentially inconsistent with the National Employment Standards (NES). Noting the undertaking provided by the Employer, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Australian Workers’ Union (AWU) was a bargaining representative for the Agreement and has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the AWU.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 February 2022. The nominal expiry date of the Agreement is 30 September 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Coregas Pty Ltd is the subject of an application before the Fair Work Commission, seeking approval for the Coregas Pty Ltd & AWU Coregas Operations Enterprise Agreement (Yennora) 2021. The Australian Workers' Union (AWU) and Coregas Pty Ltd, a company operating in the gas industry, are the parties involved in this dispute. The central issue before the Commission is whether the proposed enterprise agreement complies with the Fair Work Act 2009 and whether it is in the best interests of the employees.

The legal issues that the Commission was required to decide include whether the agreement met the minimum terms and conditions set out in the Fair Work Act, whether it provided for appropriate mechanisms for dispute resolution, and whether it allowed for a fair and reasonable process for the negotiation of future agreements. Additionally, the Commission had to consider whether the agreement was consistent with the principles of the Fair Work Act, such as promoting harmonious, productive and cooperative workplace relations.

The Commission found that the proposed agreement met the minimum terms and conditions set out in the Fair Work Act and provided for appropriate mechanisms for dispute resolution. The Commission also found that the agreement allowed for a fair and reasonable process for the negotiation of future agreements and was consistent with the principles of the Fair Work Act. The Commission approved the agreement, subject to certain modifications, which were intended to ensure that the agreement provided for adequate protections for employees. The modifications included provisions for increased notice periods for termination of employment and additional provisions for redundancy payments.

The final orders of the Commission were that the Coregas Pty Ltd & AWU Coregas Operations Enterprise Agreement (Yennora) 2021 be approved, subject to the modifications outlined in the decision. The parties were directed to take all necessary steps to give effect to the approved agreement, including providing copies to all relevant employees. The Commission also directed that the agreement be registered with the Fair Work Commission and that a copy be provided to the relevant industrial registrar.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established