DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Contract Resources Pty Ltd
(AG2016/4222)

CONTRACT RESOURCES PTY LTD MOBIL ALTONA REFINERY AGREEMENT 2016-2020

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 29 AUGUST 2016

Application for approval of the Contract Resources Pty Ltd Mobil Altona Refinery Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the Contract Resources Pty Ltd Mobil Altona Refinery Enterprise Agreement 2016-2020 (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] The Applicant 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.

[3] 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 September 2016. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The application was made by Contract Resources Pty Ltd for the approval of the Mobil Altona Refinery Enterprise Agreement 2016-2020. The dispute arose between the applicant company and the relevant union, representing the employees of the Mobil Altona Refinery. The case was heard in the Fair Work Commission of Australia.

The legal issues before the court were whether the agreement met the requirements of the Fair Work Act 2009 and whether it provided for the fair and equitable treatment of the employees. The court had to determine if the agreement contained all the necessary minimum terms and conditions and if it complied with the relevant provisions of the Act.

The Fair Work Commission found that the Mobil Altona Refinery Enterprise Agreement 2016-2020 met all the necessary requirements under the Fair Work Act 2009. The agreement contained all the minimum terms and conditions as stipulated in the Act and provided for the fair and equitable treatment of the employees. The Commission concluded that the agreement was in the best interests of the employees and approved the agreement.

The Fair Work Commission approved the Mobil Altona Refinery Enterprise Agreement 2016-2020 and declared it to be a registered agreement under the Fair Work Act 2009. The agreement will be in effect from the date of registration and will govern the employment conditions of the employees at the Mobil Altona Refinery for the period of 2016 to 2020.

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