DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coregas Pty Ltd
(AG2021/4241)

COREGAS PORT KEMBLA CRYOGENIC PLANT TECHNICIAN ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 1 APRIL 2021

Application for approval of the Coregas Port Kembla Cryogenic Plant Technician Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Coregas Port Kembla Cryogenic Plant Technician Enterprise Agreement 2020 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 8 April 2021. The nominal expiry date of the Agreement is 23 September 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Coregas Pty Ltd sought approval of the Coregas Port Kembla Cryogenic Plant Technician Enterprise Agreement 2020. The applicant, Coregas, is a gas and electricity provider that operates a plant in Port Kembla, New South Wales. The dispute arose from the negotiation of the agreement with the Australian Manufacturing Workers' Union (AMWU), which represents the plant's technicians. The AMWU contested certain aspects of the agreement, prompting Coregas to seek the Commission's approval.

The central legal issue before the Commission was whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was "better off overall" for the employees, and if it complied with the "good faith" requirement. The AMWU argued that the agreement failed to provide adequate protections and benefits, while Coregas maintained that the agreement was fair and in the best interests of the employees.

The Commission found that the agreement provided for a reasonable balance of benefits and obligations, and that it met the "better off overall" test. The Commission emphasised the parties' demonstrated commitment to good faith bargaining, despite the challenges posed by the COVID-19 pandemic. The Commission also noted that the agreement included provisions that addressed the specific needs of the plant's technicians. The Commission concluded that the agreement complied with the statutory requirements and approved it.

The Commission's approval of the agreement allows it to be registered with the Fair Work Commission, thereby becoming a legally binding enterprise agreement. This decision resolves the dispute between Coregas and the AMWU and ensures that the terms of the agreement will govern the employment conditions of the plant's technicians.

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