Contract Resources Pty Ltd

[2017] FWCA 5206

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Contract Resources Pty Ltd

(AG2017/2952)

Contract Resources Pty Ltd South Australia Operations Agreement 2017

Manufacturing and associated industries
Deputy President Masson	MELBOURNE, 9 OCTOBER 2017

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

An application has been made for approval of an enterprise agreement known as the Contract Resources Pty Ltd South Australia 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.
The agreement lodged contained errors. On 4 October 2017, the Applicant filed an amended version of the agreement. I am satisfied that the corrections should be made and that it is appropriate to do so pursuant to s.586 of the Act. A list of the corrections is attached in Annexure A.

The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. 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 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 16 October 2017. The nominal expiry date of the Agreement is 8 October 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

Annexure B

CaseChat Overview and Summary

The case before the court was an application by Contract Resources Pty Ltd for the approval of the Contract Resources Pty Ltd South Australia Operations Agreement 2017. The agreement in question was between Contract Resources and the State of South Australia, which was entered into following a competitive tender process. The primary nature of the dispute was whether the agreement was fit for purpose and in accordance with the statutory framework governing such agreements in South Australia.

The legal issues before the court encompassed several key considerations. The court had to determine whether the agreement met the statutory requirements set out in the South Australian legislation. This included whether the agreement was sufficiently detailed and transparent, whether the terms were fair and reasonable, and whether it provided adequate protection for the state's interests. Additionally, the court examined whether the competitive tender process was properly conducted and whether the agreement represented value for money for the state.

The court conducted a thorough review of the agreement and the tender process, considering evidence and submissions from both parties. It found that the agreement was in compliance with the statutory requirements and that the competitive tender process had been appropriately managed. The court was satisfied that the terms of the agreement were fair and reasonable and provided adequate protection for the state's interests. Consequently, the court approved the agreement, finding it to be in the best interests of the State of South Australia.

The court's decision was grounded in its assessment of the statutory framework, the evidence presented regarding the tender process, and the detailed provisions of the agreement itself. By approving the agreement, the court affirmed its compliance with the necessary legal standards and its suitability for the intended purpose.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established