Coregas Pty Ltd T/A Coregas Pty Ltd Summary

[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

ANNEXURE A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Coregas Pty Ltd, trading as Coregas, and the Australian Manufacturing Workers' Union (AMWU). The dispute centred on the approval of the Coregas Operations Enterprise Agreement (Darra) 2022, which aimed to govern the employment terms and conditions of Coregas's employees. The application for approval was brought under the Fair Work Act 2009, specifically section 234, which mandates that the Commission must approve an enterprise agreement if it meets the "better off overall test" and does not contain any prohibited content. The Commission had to consider whether the proposed agreement was fair and balanced, ensuring that no party was disadvantaged by the terms.

The legal issues before the Commission were primarily concerned with whether the proposed enterprise agreement was compliant with the statutory requirements and whether it satisfied the "better off overall test". This test requires that the agreement, on balance, should be no less favourable to the employees than the applicable award or safety net. The Commission also needed to ensure that the agreement did not contain any provisions that would unfairly disadvantage employees or contravene any other provisions of the Fair Work Act. Furthermore, the Commission examined whether the agreement had been genuinely negotiated and whether there was sufficient evidence of employee support.

The Fair Work Commission determined that the proposed enterprise agreement met the statutory requirements and passed the "better off overall test". The Commission found that the agreement was fairly negotiated and that employees had provided sufficient evidence of support for the agreement. The Commission also noted that the agreement contained no provisions that would unfairly disadvantage employees and did not contravene any other provisions of the Fair Work Act. After careful consideration of the evidence and arguments presented by both parties, the Commission approved the Coregas Operations Enterprise Agreement (Darra) 2022.

The final orders of the Commission included the approval of the Coregas Operations Enterprise Agreement (Darra) 2022, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and all parties were directed to comply with its terms. The Commission also noted that the agreement would supersede any previous enterprise agreements or awards in relation to the employment of the workers covered by the agreement. The decision marked the resolution of the dispute between Coregas and the AMWU, providing a new framework for the employment terms and conditions of the employees.

Coregas Pty Ltd T/A Coregas Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established