Coregas Pty Ltd T/A Coregas Pty Ltd
[2023] FWCA 419
•14 FEBRUARY 2023
| [2023] FWCA 419 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Coregas Pty Ltd T/A Coregas Pty Ltd
(AG2022/5629)
Coregas Operations Enterprise Agreement (Darra) 2022
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT MILLHOUSE | MELBOURNE, 14 FEBRUARY 2023 |
Application for approval of the Coregas Operations Enterprise Agreement (Darra) 2022
An application has been made for approval of an enterprise agreement known as the Coregas Operations Enterprise Agreement (Darra) 2022 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by the Coregas Pty Ltd T/A Coregas Pty Ltd (Employer). The Agreement is a single enterprise agreement.
The Agreement as lodged contained a number of marked up changes. On 3 February 2023, the Employer filed an amended version of the Agreement in which the changes are “accepted.” The changes are in summary as follows:
· The Appendix of the Agreement amends all the rates of pay by increasing them.
· Clause 5.7 deletes “The parties intend to conclude these discussions prior to the nominal expiry date of this agreement.”
· The year in the nominal expiry date is amended from “3rd December 2022” to “3rd December 2025.”
· The numbering of the contents page is amended in three places.
· In some places the title of the Agreement is amended from Coregas Operations Enterprise Agreement (Brisbane) 2021 to Coregas Operations Enterprise Agreement (Darra) 2022.
· Minor amendments to font and formatting.
On 14 February 2023, the Employer provided confirmation that the version of the Agreement that was voted on by the employees was the version of the Agreement filed in the Commission on 3 February 2023. Accordingly, I am satisfied that it is appropriate to exercise my discretion pursuant to s 586 of the Act to accept the version of the Agreement filed on 3 February 2023 on the basis that it is the Agreement that was “made” pursuant to s 182(1) of the Act.
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. The undertakings are taken to be terms of the Agreement.
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 is approved and, in accordance with s 54 of the Act, will operate from 21 February 2023. The nominal expiry date of the Agreement is 3 December 2025.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE519139 PR750369>
ANNEXURE A
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