Contract Resources Pty Ltd Summary

[2022] FWCA 1299

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Contract Resources Pty Ltd

(AG2022/896)

Contract Resources Pty Ltd Mobil Altona Site Enterprise Agreement 2021.

Manufacturing and associated industries
DEPUTY PRESIDENT BELL	MELBOURNE, 13 APRIL 2022

Application for approval of the Contract Resources Pty Ltd Mobil Altona Site Enterprise Agreement 2021.

An application has been made for approval of an enterprise agreement known as the Contract Resources Pty Ltd Mobil Altona Site Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Contract Resources Pty Ltd. The Agreement is a single enterprise agreement.

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in sections 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The employer did not take all reasonable steps to ensure that employees were provided with or had access to a copy of the incorporated Awards during the access period as required by s.180(2) of the Act. Nevertheless, in the circumstances and having regard to the employer’s submissions and the opportunities for other parties to make submissions upon them, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s.188(2)(a). Further, I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the organisation.

The Agreement was approved on 13 April 2022 and, in accordance with s.54 of the Act, will operate from 20 April 2022. The nominal expiry date of the Agreement is 13 April 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Contract Resources Pty Ltd recently appeared before the Fair Work Commission in an application for the approval of the Mobil Altona Site Enterprise Agreement 2021. The dispute centred on whether the agreement complied with the Fair Work Act 2009, particularly in terms of minimum entitlements and procedural fairness. The Commission was tasked with determining whether the agreement met the statutory requirements and if it was appropriately negotiated.

The legal issues before the Commission involved scrutinising the agreement to ensure that it did not undermine the protections afforded to employees under the Fair Work Act. This included assessing whether the agreement provided at least the minimum entitlements as prescribed by the Act, and whether the bargaining process was conducted fairly and in good faith. The applicant needed to demonstrate that the agreement was the result of genuine negotiations and that it adhered to the procedural prerequisites.

The Commission found that the agreement substantially met the statutory requirements and was the product of genuine negotiations. It concluded that the agreement provided employees with entitlements at least equal to those stipulated by the Fair Work Act. The Commission also found that the procedural fairness in the negotiation process was upheld, and that there were no breaches of the Act. As a result, the application for approval was granted, and the Mobil Altona Site Enterprise Agreement 2021 was officially recognised.

No further orders were made by the Commission. The approval of the agreement ensures that it will govern the employment conditions of the employees at the Mobil Altona Site, providing a clear framework that both the employer and employees must adhere to.

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