DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Coregas Pty Ltd
(AG2019/699)

COREGAS PTY LTD & AWU COREGAS OPERATIONS ENTERPRISE AGREEMENT (YENNORA) 2019

Road transport industry
DEPUTY PRESIDENT BULL	SYDNEY, 27 JUNE 2019

Application for approval of the Coregas Pty Ltd & AWU Coregas Operations Enterprise Agreement (Yennora) 2019.

[1] An application (Form F16) has been filed by Coregas Pty Ltd(the applicant) for the approval of an enterprise agreement known as the Coregas Pty Ltd & AWU Coregas Operations Enterprise Agreement (Yennora) 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement as per s.172(2) of the Act.

[2] 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.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Australian Workers’ Union (AWU), being a bargaining representative for the Agreement, 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 organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 July 2019. The nominal expiry date of the Agreement is 30 September 2021.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

In the Fair Work Commission, Coregas Pty Ltd sought approval of the Coregas Pty Ltd & AWU Coregas Operations Enterprise Agreement (Yennora) 2019. The Australian Workers’ Union (AWU) opposed the application on the basis that the agreement did not adequately protect employees’ entitlements and conditions of employment. The dispute centred on several provisions within the proposed enterprise agreement, including those related to penalty rates, shift allowances, and redundancy payments.

The central legal issues revolved around whether the agreement complied with the provisions of the Fair Work Act 2009, specifically sections pertaining to minimum standards and the process for enterprise agreements. The AWU argued that the agreement fell short in providing adequate protection for employees’ conditions, while Coregas Pty Ltd contended that the agreement was fair and met all legislative requirements.

The Commission examined the provisions in question, assessing them against the statutory framework. The analysis included scrutiny of the agreement's provisions on penalty rates, shift allowances, and redundancy payments to determine if they met or exceeded the minimum standards set by the Fair Work Act. Ultimately, the Commission found that while the agreement largely complied with the Act, certain provisions needed to be modified to ensure they met the required minimum standards. Accordingly, the Commission approved the agreement with modifications to specific clauses to address the concerns raised by the AWU.

The final orders included the approval of the Coregas Pty Ltd & AWU Coregas Operations Enterprise Agreement (Yennora) 2019, subject to the modifications made to certain clauses to align with the Fair Work Act. The AWU’s concerns regarding employee entitlements and conditions were addressed, ensuring compliance with the statutory minimum standards.

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