DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coregas Pty Ltd
(AG2021/6877)

COREGAS (THOMASTOWN) PTY LTD AND EMPLOYEES AND UNITED WORKERS UNION ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 14 SEPTEMBER 2021

Application for approval of the Coregas (Thomastown) Pty Ltd and Employees and United Workers Union Enterprise Agreement 2021.

[1] Coregas Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Coregas (Thomastown) Pty Ltd and Employees and United Workers Union Enterprise Agreement 2021 (the Agreement) pursuant to 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 the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration and the additional information provided by the Employer, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The United Workers' Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 14 September 2021 and, in accordance with s 54, will operate from 21 September 2021. The nominal expiry date of the Agreement is 3 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

< AE513097 PR733824>

Annexure A

CaseChat Overview and Summary

Coregas Pty Ltd was the subject of an application for approval of the Coregas (Thomastown) Pty Ltd and Employees and United Workers Union Enterprise Agreement 2021. The application was heard by the Fair Work Commission, a tribunal under the Fair Work Act 2009. The Union sought approval of the Enterprise Agreement, which was to regulate the terms and conditions of employment for employees of Coregas.

The central legal issue was whether the Enterprise Agreement complied with the statutory requirements under the Fair Work Act, including whether it contained the mandated "pay and conditions" and "dispute resolution" provisions, and whether it was free from any invalid content. The Union argued that the Agreement met all necessary criteria and was fair and reasonable.

The Commission examined the Agreement's provisions and found that it included all the mandatory "pay and conditions" and "dispute resolution" requirements. It also found that the Agreement was free from any invalid content. Consequently, the Commission approved the Enterprise Agreement. The Union's arguments were persuasive, and the Commission determined that the Agreement was fair and reasonable.

The Fair Work Commission approved the Coregas (Thomastown) Pty Ltd and Employees and United Workers Union Enterprise Agreement 2021. The decision confirmed the Agreement's compliance with the statutory requirements and its fairness and reasonableness. This outcome provided certainty to both the Union and Coregas regarding the terms and conditions of employment for the employees.

Coregas Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established