DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Contract Resources Pty Ltd
(AG2019/3004)

CONTRACT RESOURCES PTY LTD VICTORIAN OPERATIONS ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 29 AUGUST 2019

Application for approval of the Contract Resources Pty Ltd Victorian Operations Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Contract Resources Pty Ltd Victorian Operations Enterprise Agreement 2019 (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] 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 September 2019. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Contract Resources Pty Ltd sought approval of the Victorian Operations Enterprise Agreement 2019. The application was heard by the Fair Work Commission. The dispute centred around whether the agreement met the criteria for approval under the Fair Work Act 2009. The applicant argued that the agreement was fair and reasonable, while the respondent, the Construction, Forestry, Maritime, Mining and Energy Union, contended that it did not meet the necessary standards.

The Commission examined various aspects of the agreement, including whether it was appropriately negotiated and whether it contained the necessary provisions for employee protections. It also considered whether the agreement provided a safety net of minimum entitlements and whether it contained proper dispute resolution mechanisms. The Commission noted that while the agreement had been negotiated in good faith, some provisions were not as comprehensive as desired. However, it concluded that the overall agreement was fair and reasonable, meeting the legislative criteria for approval.

The Fair Work Commission approved the Contract Resources Pty Ltd Victorian Operations Enterprise Agreement 2019, subject to certain conditions. These conditions included specific amendments to certain provisions to ensure they met the necessary standards. The Commission found that, despite some shortcomings, the agreement provided a fair and reasonable safety net of minimum entitlements and contained appropriate dispute resolution mechanisms. This decision allowed the agreement to be implemented, providing a framework for the employment relationship between the parties.

Contract Resources Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established