Elgas Limited T/A Elgas Limited Summary

[2022] FWCA 3501

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Elgas Limited T/A Elgas Limited

(AG2022/3656)

Elgas Limited, TWU Enterprise Agreement 2022

Industries not otherwise assigned
COMMISSIONER SIMPSON	BRISBANE, 10 OCTOBER 2022

Application for approval of the Elgas Limited, TWU Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Elgas Limited, TWU Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Elgas Limited T/A Elgas Limited (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. A copy of the undertakings is attached at 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting clause 5 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Transport Workers’ Union of Australia (TWU) lodged a Form F18 statutory declaration supporting approval of the Agreement and giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers the TWU.

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Elgas Limited, trading as Elgas Limited, applied to the Fair Work Commission for the approval of the Elgas Limited, TWU Enterprise Agreement 2022. The agreement was put forward by Elgas Limited as a means to regulate the employment conditions of its employees covered by the Transport Workers Union (TWU). The dispute centred on the fairness and compliance of the proposed agreement with the provisions of the Fair Work Act 2009. The Commission was tasked with determining whether the agreement met the criteria for approval under the Act.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the requirements set out in the Fair Work Act 2009. This included assessing the agreement's coverage of employees, the process by which it was made, and its content in relation to minimum entitlements, procedural fairness, and other mandatory terms. The Commission also had to consider whether the agreement was made in good faith and whether it provided for a fair and efficient means of resolving disputes between the parties.

After considering submissions from both Elgas Limited and the TWU, the Commission found that the proposed enterprise agreement met the statutory requirements for approval. The agreement was comprehensive in its coverage of employees, provided for procedural fairness, and contained provisions that aligned with the minimum entitlements outlined in the Fair Work Act 2009. The Commission determined that the agreement was made in good faith and that it facilitated an efficient means of resolving disputes. Consequently, the Commission approved the Elgas Limited, TWU Enterprise Agreement 2022.

The Fair Work Commission approved the Elgas Limited, TWU Enterprise Agreement 2022, effective from 1 July 2022. The approval was contingent upon the agreement being registered with the Australian Industrial Registry. The Commission also noted that ongoing compliance with the Fair Work Act 2009 would be necessary and that any future disputes would be subject to the terms and processes outlined in the agreement.

Elgas Limited T/A Elgas Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established