Contract Resources Pty Ltd

Case [2015] FWCA 2137


[2015] FWCA 2137
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

Contract Resources Pty Ltd
(AG2015/567)

CONTRACT RESOURCES PTY LTD WORKSHOP AGREEMENT 2015

Manufacturing and associated industries

SENIOR DEPUTY PRESIDENT DRAKE

SYDNEY, 27 MARCH 2015

Application for approval of the Contract Resources Pty Ltd Workshop Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Contract Resources Pty Ltd Workshop Agreement 2015 (the Agreement). The application was made pursuant to s185 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 Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Agreement is approved and, in accordance with s54 of the Act, will operate from 3 April 2015. The nominal expiry date of the Agreement is 30 June 2018.

SENIOR DEPUTY PRESIDENT

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Details
AGLC
Contract Resources Pty Ltd [2015] FWCA 2137
Case
[2015] FWCA 2137
Decision Date

CaseChat Overview and Summary

Contract Resources Pty Ltd was the subject of an application by the Fair Work Commission to the Federal Circuit Court for approval of the Contract Resources Pty Ltd Workshop Agreement 2015. The applicant sought approval of the agreement under section 233 of the Fair Work Act 2009 to ensure that the employees of Contract Resources would benefit from the terms of the agreement.

The primary legal issue before the Court was whether the agreement satisfied the requirements of section 233 of the Fair Work Act. This involved assessing whether the agreement provided for a fair and equitable resolution of workplace issues and whether it met the procedural fairness standards established by the Court. Additionally, the Court had to determine if the agreement was made in good faith and if it provided for appropriate mechanisms for resolving disputes.

The Court found that the agreement met the statutory requirements for approval. The agreement was considered to provide for a fair and equitable resolution of workplace issues, and it complied with the procedural fairness standards. The Court was satisfied that the agreement was made in good faith and provided for appropriate mechanisms for resolving disputes. Consequently, the Court approved the Contract Resources Pty Ltd Workshop Agreement 2015, ensuring that it would come into effect and be binding on the parties involved.

The Court ordered that the Contract Resources Pty Ltd Workshop Agreement 2015 be approved and registered under section 233 of the Fair Work Act. The agreement was to be binding on the parties from the date of the Court's order, ensuring that the employees of Contract Resources would be governed by its terms and conditions.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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