DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Contract Resources Pty Ltd
(AG2016/880)

CONTRACT RESOURCES PTY LTD AND THE AUSTRALIAN WORKERS’ UNION VICTORIAN OPERATIONS ENTERPRISE AGREEMENT 2016-2018

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 18 MAY 2016

Application for approval of the CONTRACT RESOURCES Pty Ltd And The Australian Workers’ Union VICTORIAN OPERATIONS ENTERPRISE AGREEMENT 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the CONTRACT RESOURCES Pty Ltd And The Australian Workers’ Union VICTORIAN OPERATIONS ENTERPRISE AGREEMENT 2016-2018 (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] On the basis of the material contained in the application and accompanying statutory declaration, 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 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 18 May 2016 and, in accordance with s.54, will operate from 25 May 2016. The nominal expiry date of the Agreement is 31 December 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Australian Building and Construction Commission (ABCC) applied for approval of the Contract Resources Pty Ltd and the Australian Workers’ Union Victorian Operations Enterprise Agreement 2016-2018. The applicant, Contract Resources Pty Ltd, a company involved in the construction industry, sought to have the enterprise agreement approved by the Fair Work Commission. The Australian Workers’ Union, representing the employees, supported the application, while no objections were raised by other parties. The application was heard by the Fair Work Commission, specifically by Commissioner D.S. Woods.

The central legal issue before the court was whether the enterprise agreement in question complied with the requirements set forth under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement met the criteria for being a lawful and valid enterprise agreement. The court considered whether the agreement was made in good faith, if it covered employees in the appropriate bargaining unit, and whether it complied with procedural requirements, such as being lodged with the Fair Work Commission. Additionally, the court examined if the agreement contained all the mandatory terms as required by the Fair Work Act.

Commissioner D.S. Woods concluded that the enterprise agreement complied with all necessary legal requirements. The agreement was made in good faith, covered the appropriate bargaining unit, and was duly lodged with the Fair Work Commission. Furthermore, the agreement contained all the mandatory terms as stipulated by the Fair Work Act. The Commissioner found no procedural or substantive defects in the agreement and approved it. The decision was based on the evidence presented and the absence of any objections or issues raised during the proceedings.

The Fair Work Commission approved the Contract Resources Pty Ltd and the Australian Workers’ Union Victorian Operations Enterprise Agreement 2016-2018. The court’s approval ensures that the agreement is legally binding and enforceable between the employer and the employees, providing clarity and certainty for both parties. This decision reinforces the importance of adhering to statutory requirements when drafting and lodging enterprise agreements.

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