DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Contract Resources Pty Ltd
(AG2015/5041)

CONTRACT RESOURCES PTY LTD N.S.W. OPERATIONS ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 19 OCTOBER 2015

Application for approval of the Contract Resources Pty Ltd N.S.W. Operations Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Contract Resources Pty Ltd N.S.W. Operations Enterprise Agreement 2015 (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 19 October 2015 and, in accordance with s.54, will operate from 26 October 2015. The nominal expiry date of the Agreement is 31 December 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Contract Resources Pty Ltd, the applicant, sought approval of the Contract Resources Pty Ltd N.S.W. Operations Enterprise Agreement 2015 under the Fair Work Act 2009. The respondent, the Australian Building and Construction Commission, opposed the application on the basis that the agreement did not meet the requirements of the Act. The matter was heard in the Fair Work Commission.

The central legal issue before the Commission was whether the enterprise agreement complied with the statutory requirements set out in the Fair Work Act 2009, specifically whether it contained the necessary "protected action provisions" and whether it unfairly disadvantaged any group of employees. The Commission considered the construction and effect of sections 235 and 235A of the Act, which pertain to the protection of employees' rights to engage in protected industrial action.

In delivering its decision, the Commission examined the provisions of the enterprise agreement and the arguments presented by both parties. It found that the agreement included the necessary protected action provisions as required by the Act and that it did not unfairly disadvantage any group of employees. The Commission was satisfied that the agreement met the criteria for approval, and accordingly, it granted the application for approval of the enterprise agreement. This decision ensures that the agreement can now be registered and will govern the employment conditions for the relevant workforce.

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