Coregas Pty Ltd
[2022] FWCA 385
•8 FEBRUARY 2022
| [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
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Annexure A
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