Contract Resources Pty Ltd Summary

[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Contract Resources Pty Ltd, sought approval of the Gladstone Operations Enterprise Agreement 2021, which was to apply to its employees in Queensland. The application was brought pursuant to section 234 of the Fair Work Act 2009. The applicant argued that the agreement provided for fair and reasonable terms and conditions of employment for its employees. The application was opposed by the Australian Council of Trade Unions, which argued that the agreement did not provide for fair and reasonable terms and conditions of employment for the employees.

The court was required to determine whether the agreement provided for fair and reasonable terms and conditions of employment for the employees. This involved assessing the fairness and reasonableness of the agreement's provisions, including those related to wages, hours of work, leave, and other employment-related matters. The court also had to consider whether the agreement complied with relevant federal and state legislation, including the Fair Work Act 2009 and the Queensland Industrial Relations Act 2016.

In its decision, the court found that the agreement provided for fair and reasonable terms and conditions of employment for the employees. The court noted that the agreement provided for a range of benefits, including a 2.75% wage increase, additional leave entitlements, and provisions for flexible working arrangements. The court also found that the agreement complied with relevant legislation. The court was satisfied that the agreement was fair and reasonable, and approved it accordingly.

The court made an order approving the Gladstone Operations Enterprise Agreement 2021. The order was made on the condition that the applicant provide a copy of the agreement to the Fair Work Commission, the Queensland Office of Industrial Relations, and the Australian Council of Trade Unions within seven days of the order being made. The applicant was also required to provide a copy of the agreement to each of its employees within 28 days of the order being made.

Contract Resources Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established