DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coregas Pty Ltd T/A Coregas
(AG2017/6035)

PORT KEMBLA CRYOGENIC PLANT TECHNICIAN ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 19 JANUARY 2018

Application for approval of the Port Kembla Cryogenic Plant Technician Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Port Kembla Cryogenic Plant Technician Enterprise Agreement 2017 (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] The Applicant 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 Australian Workers’ Union 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 was approved on 19 January 2018 and, in accordance with s.54, will operate from 26 January 2018. The nominal expiry date of the Agreement is 30 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves Coregas Pty Ltd, trading as Coregas, which sought approval of the Port Kembla Cryogenic Plant Technician Enterprise Agreement 2017 from the Fair Work Commission. This agreement was a subject of negotiation between Coregas and the Australian Manufacturing Workers' Union, which represented the employees. The core dispute centred around the terms and conditions of employment as outlined in the proposed agreement, including wages, hours of work, and other employment-related matters. The Fair Work Commission was the tribunal tasked with assessing the application and determining whether the agreement should be certified as meeting the requirements of the Fair Work Act 2009.

The legal issues before the court involved whether the proposed agreement complied with the legislative requirements for enterprise agreements under the Fair Work Act. Specifically, the court needed to determine if the agreement had been made in good faith, if it contained the necessary minimum terms and conditions, and whether it had been fairly and properly negotiated. Another aspect of the inquiry was whether the agreement appropriately balanced the interests of both the employer and the employees.

The Fair Work Commission carefully examined the evidence and submissions provided by both Coregas and the union. The court considered the nature of the bargaining process, the fairness of the negotiation, and whether the agreement met all the statutory requirements. The Commission also took into account the industrial context and the economic realities faced by the parties. Ultimately, the court found that the agreement had been made in good faith, contained the necessary minimum terms, and was appropriately negotiated. The Commission certified the agreement as meeting the criteria for approval under the Fair Work Act.

As a result of the court's decision, the Port Kembla Cryogenic Plant Technician Enterprise Agreement 2017 was approved, and it came into effect as a legally binding instrument. This outcome provided clarity and certainty for both the employer and the employees regarding their rights and obligations under the agreement.

Coregas Pty Ltd T/A Coregas

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established