Contract Resources Pty Ltd
[2022] FWCA 2383
•15 JULY 2022
| [2022] FWCA 2383 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Contract Resources Pty Ltd
(AG2022/1951)
Contract Resources Pty Ltd Gladstone Operations Enterprise Agreement 2021
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT MOLTONI | BRISBANE, 15 JULY 2022 |
Application for approval of the Contract Resources Pty Ltd Gladstone Operations Enterprise Agreement 2021
An application has been made for approval of an enterprise agreement known as the Contract Resources Pty Ltd Gladstone Operations Enterprise Agreement 2021 (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.
The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.
The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.
Pursuant to s.190(3) of the Act, I accept the undertakings.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
Noting the undertakings provided, Clause 2.7(d) of the Agreement, and on the basis of the materials before the Commission, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.
The Australian Workers’ Union (AWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AWU.
The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 21 July 2025.
DEPUTY PRESIDENT
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