DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Contract Resources Pty Ltd
(AG2019/1266)

CONTRACT RESOURCES PTY LTD (LYTTON REFINERY) QUEENSLAND ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 1 JULY 2019

Application for approval of the Contract Resources Pty Ltd (Lytton Refinery) Queensland Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Contract Resources Pty Ltd (Lytton Refinery) Queensland 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 8 July 2019. The nominal expiry date of the Agreement is 31 October 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Contract Resources Pty Ltd applied for the approval of the Contract Resources Pty Ltd (Lytton Refinery) Queensland Enterprise Agreement 2019. The applicant and a union representing employees entered into the agreement, which sets out the terms and conditions of employment for workers at the Lytton Refinery. The union sought approval of the agreement under the Fair Work Act 2009. The dispute centred on whether the agreement met the legal requirements for approval, particularly whether it complied with the "better off overall test" and whether it was free from prohibited content.

The Commission considered whether the agreement was in the interests of the employees it covered, whether it was free from prohibited content, and whether it complied with procedural requirements. The "better off overall test" requires that an employee covered by an agreement is not worse off overall than they would be if the agreement did not exist. The Commission also examined whether the agreement contained any provisions that were prohibited by the Fair Work Act, such as provisions that required employees to engage in industrial action or that provided for the compulsory acquisition or disposal of property. Additionally, the Commission assessed whether the agreement was made in accordance with the procedural requirements set out in the Fair Work Regulations 2009.

After considering the evidence and submissions from both parties, the Commission found that the agreement was in the interests of the employees it covered and was free from prohibited content. The Commission was satisfied that the agreement met the "better off overall test" and that it complied with all relevant legal requirements. The Commission approved the agreement, and it came into effect on the date of the decision. The applicant and the union were directed to take all necessary steps to give effect to the agreement.

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