Coregas Pty Ltd T/A Coregas

[2021] FWCA 6094

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coregas Pty Ltd T/A Coregas
(AG2021/7545)

COREGAS OPERATIONS ENTERPRISE AGREEMENT (BRISBANE) 2021

Manufacturing and associated industries
COMMISSIONER SIMPSON	BRISBANE, 7 OCTOBER 2021

Application for approval of the Coregas Operations Enterprise Agreement (Brisbane) 2021

[1] An application has been made for approval of an enterprise agreement known as the Coregas Operations Enterprise Agreement (Brisbane) 2021 (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 T/A Coregas. The Agreement is a single enterprise agreement.

[2] I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent decision of Coregas Pty Ltd T/A Coregas, the Fair Work Commission considered an application for approval of an enterprise agreement, the Coregas Operations Enterprise Agreement (Brisbane) 2021. The applicant, Coregas, is an employer in the gas supply industry, and the application involved a range of employees who are part of the enterprise bargaining unit. The dispute centred on whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement complied with the provisions of the Act, particularly regarding the manner in which the agreement was made, and whether it contained all the necessary minimum terms and conditions. Additionally, the Commission had to determine if the agreement was genuinely negotiated and if it provided for a fair and efficient system of dispute resolution.

In reaching its decision, the Commission carefully examined the process through which the agreement was negotiated and the content of the agreement itself. The Commission found that the agreement had been genuinely negotiated, as evidenced by the documentation and testimonies provided. The Commission also concluded that the agreement contained all the required minimum terms and conditions and provided for a fair and efficient dispute resolution system. Consequently, the Commission approved the application, determining that the agreement met all legal requirements.

The final orders of the Commission were to approve the Coregas Operations Enterprise Agreement (Brisbane) 2021 as a registered agreement under the Fair Work Act. This decision provides clarity and guidance for both the employer and employees regarding the terms and conditions of their employment moving forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established