Coregas Pty Ltd T/A Coregas Summary

[2024] FWCA 5

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Coregas Pty Ltd T/A Coregas

(AG2023/5106)

COREGAS PTY LTD (THOMASTOWN) AND EMPLOYEES AND UNITED WORKERS UNION ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 4 JANUARY 2024

Application for approval of the Coregas Pty Ltd (Thomastown) and Employees and United Workers Union Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Coregas Pty Ltd (Thomastown) and Employees and United Workers Union Enterprise Agreement 2023 (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.

I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

I note that the Notice of Employee Representational Rights (NERR) was not provided in the correct form. The template used to prepare the NERR was in a form prescribed prior to 6 June 2023. However, I am satisfied that this is a minor technical error and that pursuant to s.188(5) it may be disregarded.

I observe that certain provisions of the Agreement in relation to redundancy, compassionate leave and personal leave are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6.3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The United 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.

The Agreement is approved and in accordance with s.54, will operate from 11 January 2024. The nominal expiry date of the Agreement is 3 December 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Coregas Pty Ltd trading as Coregas, applied to the Fair Work Commission for approval of the Coregas Pty Ltd (Thomastown) and Employees and United Workers Union Enterprise Agreement 2023. The union, United Workers Union, opposed the application. The central issue was whether the agreement met the requirements for approval under the Fair Work Act 2009.

The Commission examined whether the agreement contained the mandated minimum entitlements, including the national minimum wage, penalty rates, and leave provisions. Additionally, it assessed if the agreement was free from prohibited content, such as terms that would have an adverse effect on employees’ job security. The Commission also considered whether the agreement was genuinely negotiated and if it complied with procedural fairness.

In determining the application, the Commission found that the agreement contained all required minimum entitlements and was free from prohibited content. It was concluded that the agreement had been genuinely negotiated and that the necessary procedural fairness was observed. The Commission approved the agreement, emphasising its compliance with all statutory requirements.

The Fair Work Commission approved the Coregas Pty Ltd (Thomastown) and Employees and United Workers Union Enterprise Agreement 2023, confirming it met all legislative criteria for approval.

Coregas Pty Ltd T/A Coregas

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established