Contract Resources Pty Ltd

[2014] FWCA 8040

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Contract Resources Pty Ltd
(AG2014/7636)

CONTRACT RESOURCES PTY LTD GLADSTONE OPERATIONS ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 27 NOVEMBER 2014

Application for approval of the Contract Resources Pty Ltd Gladstone Operations Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Contract Resources Pty Ltd Gladstone Operations Enterprise Agreement 2014 (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 4 December 2014. The nominal expiry date of the Agreement is 30 June 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Contract Resources Pty Ltd was the applicant seeking approval of the Contract Resources Pty Ltd Gladstone Operations Enterprise Agreement 2014. The Fair Work Commission was the respondent, with the Commission required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009. The applicant argued that the agreement was fair and reasonable, while the Commission needed to assess if the agreement complied with the relevant statutory provisions.

The key legal issue before the Commission was whether the agreement was a "good faith" agreement that balanced the interests of both employers and employees. The Commission had to consider if the agreement provided for minimum wages and conditions, if it was free from any coercive conduct, and whether it complied with any applicable award or agreement. Additionally, the Commission needed to determine if the agreement had been genuinely agreed upon by both parties.

In its decision, the Commission found that the agreement met the criteria for approval. The Commission noted that the agreement provided for minimum wages and conditions, and that there was no evidence of coercive conduct. The Commission also found that the agreement was genuinely agreed upon by both parties, and that it balanced the interests of employers and employees. The Commission concluded that the agreement was a "good faith" agreement, and therefore approved the Contract Resources Pty Ltd Gladstone Operations Enterprise Agreement 2014.

The Commission's decision was based on a detailed analysis of the agreement and the evidence presented by both parties. The Commission found that the agreement was fair and reasonable, and that it complied with the relevant statutory provisions. The Commission also noted that the agreement provided for a fair and equitable resolution of any disputes that may arise under the agreement. As a result, the Commission approved the agreement, and it became a legally binding contract between the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established