Contract Resources Pty Ltd

[2014] FWCA 3170

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Contract Resources Pty Ltd
(AG2014/877)

CONTRACT RESOURCES PTY LTD NORTHERN TERRITORY OPERATIONS ENTERPRISE AGREEMENT 2014

Northern Territory
COMMISSIONER WILSON	MELBOURNE, 16 MAY 2014

Application to approve the Contract Resources Pty Ltd Northern Territory Operations Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Contract Resources Pty Ltd Northern Territory Operations Enterprise Agreement 2014 (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 Applicant). The Agreement is a single-enterprise agreement.

[2] I have accepted the undertakings attached to this decision and marked Annexure A, which have been provided by the Applicant. The undertakings are attached to the Agreement and will be taken to be a term of the Agreement pursuant to s.191 of the Act.

[3] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 May 2014. The nominal expiry date of the Agreement is 15 May 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Contract Resources Pty Ltd, a company involved in the mining industry, sought approval for the Contract Resources Pty Ltd Northern Territory Operations Enterprise Agreement 2014. The Fair Work Commission was the tribunal tasked with reviewing and approving the agreement under the Fair Work Act 2009. The union representing the employees, the Construction, Forestry, Maritime, Mining and Energy Union, did not oppose the application, but several individual employees raised concerns regarding specific provisions in the agreement. The court was required to determine whether the agreement met the statutory criteria for approval, including whether it provided for the employees' fair share of the benefits of productivity improvements and whether it was in the best interests of the employees.

The Fair Work Commission considered the provisions of the agreement and the submissions made by the parties. It examined whether the agreement provided for a fair share of productivity benefits and whether it was in the best interests of the employees. The Commission found that the agreement met the statutory criteria and approved the Contract Resources Pty Ltd Northern Territory Operations Enterprise Agreement 2014. The Commission considered that the agreement provided for a fair share of productivity benefits and was in the best interests of the employees. The concerns raised by the individual employees did not outweigh the benefits of the agreement for the majority of the workforce.

The Fair Work Commission approved the Contract Resources Pty Ltd Northern Territory Operations Enterprise Agreement 2014, finding that it met the statutory criteria for approval. The agreement was approved on the basis that it provided for a fair share of productivity benefits and was in the best interests of the employees. The concerns raised by the individual employees were not considered to be significant enough to prevent the approval of the agreement. The Commission emphasised the importance of the majority of the workforce being able to benefit from the agreement. No further orders were made.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established