DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coregas Pty Ltd
(AG2019/914)

COREGAS OPERATIONS ENTERPRISE AGREEMENT (ADELAIDE) 2019

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 3 JUNE 2019

Application for approval of the Coregas Operations Enterprise Agreement (Adelaide) 2019.

[1] An application has been made for approval of an enterprise agreement known as the Coregas Operations Enterprise Agreement (Adelaide) 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Coregas Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 3 June 2019 and, in accordance with s.54, will operate from 10 June 2019. The nominal expiry date of the Agreement is 10 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Coregas Pty Ltd was the subject of an application before the Fair Work Commission for the approval of the Coregas Operations Enterprise Agreement (Adelaide) 2019. The application involved the classification of employees and the terms and conditions of their employment, including wages, hours of work, and other employment-related matters. The dispute arose from negotiations between Coregas Pty Ltd and the employees' representatives, seeking to establish a fair and equitable agreement that would govern their working relationship.

The primary legal issues before the Commission were whether the proposed agreement met the criteria for approval under the Fair Work Act 2009 and whether the agreement was in the interests of the employees it covered. Specifically, the Commission had to determine if the agreement provided for fair and reasonable terms and conditions of employment, and if it allowed for genuine collective bargaining. The Commission also needed to consider the impact of the agreement on the employees' entitlements, particularly in relation to wages, hours of work, and other conditions.

In examining the proposed agreement, the Commission took into account various factors, including the bargaining positions of the parties, the economic circumstances affecting the industry, and the need for the agreement to promote harmonious, productive, and cooperative workplace relations. The Commission noted that the agreement had been negotiated in good faith and that it provided for a structured and transparent classification system for employees. Furthermore, the agreement included provisions for minimum wages and other employment conditions that were deemed to be fair and reasonable. After careful consideration, the Commission concluded that the proposed agreement met the necessary criteria and was in the interests of the employees. The Commission approved the Coregas Operations Enterprise Agreement (Adelaide) 2019, thereby resolving the dispute between Coregas Pty Ltd and the employees' representatives.

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