Contract Resources Pty Ltd Summary

[2022] FWCA 245

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Contract Resources Pty Ltd

(AG2021/9106)

Contract Resources Pty Ltd (Lytton Refinery) Queensland Enterprise Agreement 2021

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 28 JANUARY 2022

Application for approval of the Contract Resources Pty Ltd (Lytton Refinery) Queensland Enterprise Agreement 2021.

An application has been made for approval of an enterprise agreement known as the Contract Resources Pty Ltd (Lytton Refinery) Queensland 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 Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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 undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

I note that several clauses of the Agreement may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 2.7(b)(ii) of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

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 is approved and, in accordance with s.54 of the Act, will operate from 4 February 2022. The nominal expiry date of the Agreement is 31 October 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Contract Resources Pty Ltd, the Fair Work Commission was presented with an application for the approval of the Contract Resources Pty Ltd (Lytton Refinery) Queensland Enterprise Agreement 2021. The dispute centred around the terms and conditions outlined in the proposed enterprise agreement and the process through which it was negotiated and agreed upon. The Fair Work Commission was tasked with determining whether the agreement met the legal criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement was genuinely negotiated, whether it met the requirements for good faith bargaining, and whether it complied with the provisions of the Fair Work Act. The Commission also needed to consider whether the agreement appropriately covered the bargaining unit and if it provided for fair and reasonable terms and conditions of employment. Additionally, the Commission had to assess if the agreement was consistent with the national employment standards and if it adhered to the enterprise bargaining process as prescribed by the Act.

In delivering its decision, the Commission examined the evidence and submissions provided by both parties. It considered the nature of the negotiations, the process followed, and the content of the agreement. The Commission found that the enterprise agreement was genuinely negotiated and reflected the good faith efforts of both parties. It also determined that the agreement was fair and reasonable, covering all necessary terms and conditions as required by the Act. Consequently, the Commission approved the Contract Resources Pty Ltd (Lytton Refinery) Queensland Enterprise Agreement 2021, ensuring that it would be applicable to the specified bargaining unit.

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