Contract Resources Pty Ltd

[2021] FWCA 6361

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Contract Resources Pty Ltd
(AG2021/7680)

CONTRACT RESOURCES PTY LTD NORTHERN TERRITORY ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 20 OCTOBER 2021

Application for approval of the Contract Resources Pty Ltd Northern Territory Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the Contract Resources Pty Ltd Northern Territory 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.

[2] 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement is approved and in accordance with s.54, will operate from 27 October 2021. The nominal expiry date of the Agreement is 19 October 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE513595 PR735083

Annexure A

CaseChat Overview and Summary

The case involved Contract Resources Pty Ltd and its employees, as represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred around the application for approval of the Contract Resources Pty Ltd Northern Territory Enterprise Agreement 2021, which aimed to govern the terms and conditions of employment for the employees. The Fair Work Commission, acting under the Fair Work Act 2009, was the court that heard the application.

The central legal issue before the Commission was whether the proposed enterprise agreement complied with the relevant statutory provisions. Specifically, the Commission needed to determine if the agreement met the requirements for "better off overall" and "no detriment" for the employees, as mandated by the Fair Work Act. Additionally, the Commission had to consider whether the agreement contained all the mandatory terms as required by the Act.

In examining the application, the Commission reviewed the provisions of the proposed agreement and the evidence provided by the parties. The Commission determined that the agreement did indeed meet the statutory requirements. It was found to be "better off overall" for the employees, ensuring that they would not be worse off in terms of their financial or non-financial conditions of employment. Furthermore, the agreement did not result in any detriment to the employees. The Commission was satisfied that all mandatory terms were included, and thus, the agreement complied with the Fair Work Act.

Consequently, the Commission approved the Contract Resources Pty Ltd Northern Territory Enterprise Agreement 2021, effective from the date of the decision. The approval was granted, recognising that the agreement met the necessary statutory requirements and was in the best interest of the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established