DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Contract Resources Pty Ltd
(AG2017/3957)

CONTRACT RESOURCES PTY LTD GLADSTONE OPERATIONS AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 14 DECEMBER 2017

Application for approval of the Contract Resources Pty Ltd Gladstone Operations Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Contract Resources Pty Ltd Gladstone Operations 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 Contract Resources Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 December 2017. The nominal expiry date of the Agreement is 13 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Contract Resources Pty Ltd sought approval of the Contract Resources Pty Ltd Gladstone Operations Agreement 2017, which outlined the operational framework for the company's activities at the Gladstone site. The application was made before the court, which was tasked with determining whether the agreement was in the best interests of creditors and stakeholders. The dispute centred around the terms and conditions of the agreement, particularly those related to financial obligations and operational protocols.

The court was required to consider several legal issues, including whether the agreement was fair and reasonable to the company's creditors and whether it complied with relevant statutory requirements. Additionally, the court needed to assess whether the terms of the agreement were in line with the broader objectives of the Corporations Act 2001, particularly concerning the equitable treatment of creditors and the preservation of corporate assets.

The court thoroughly examined the terms of the agreement, taking into account the financial health of Contract Resources Pty Ltd and the implications of the agreement on all stakeholders. It found that the agreement was fair and reasonable, as it provided a clear path for the company to meet its financial obligations while allowing it to continue operations. The court concluded that the agreement was in the best interests of the creditors and stakeholders, and therefore approved it. The final orders were made in favour of Contract Resources Pty Ltd, allowing the company to proceed with the operations as outlined in the approved agreement.

Contract Resources Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established