DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Contract Resources Pty Ltd T/A Contract Resources
(AG2019/1815)

CONTRACT RESOURCES PTY LTD QUEENSLAND ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 3 JULY 2019

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

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

[3] 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.

[4] The Australian Workers’ Union (AWU) 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 July 2019. The nominal expiry date of the Agreement is 31 October 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved Contract Resources Pty Ltd, trading as Contract Resources, and the Australian Building and Construction Commission (ABCC). The ABCC applied for the approval of the Contract Resources Pty Ltd Queensland Enterprise Agreement 2019, seeking to ensure the agreement complied with relevant labour laws. The case was heard in the Fair Work Commission, which has jurisdiction over enterprise agreements under the Fair Work Act 2009.

The legal issues before the court centred on whether the terms of the proposed enterprise agreement met the requirements set out in the Act. Specifically, the court needed to determine if the agreement provided for proper minimum wages and conditions, if it was made in good faith, and if it complied with other statutory obligations. The court also had to consider submissions from the ABCC, Contract Resources, and any other relevant parties, including employee representatives, to ensure the agreement was fair and reasonable.

The court examined the provisions of the proposed agreement and the submissions from the parties. It found that the agreement met the statutory requirements, providing for minimum wages and conditions and being made in good faith. The court was satisfied that the agreement was fair and reasonable, taking into account the interests of both employers and employees. Consequently, the court approved the Contract Resources Pty Ltd Queensland Enterprise Agreement 2019.

The Fair Work Commission ordered the approval of the Contract Resources Pty Ltd Queensland Enterprise Agreement 2019, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to the relevant employees and employers as specified in the agreement. The court's decision provided legal certainty and facilitated the implementation of the agreed terms between the parties.

Contract Resources Pty Ltd T/A Contract Resources

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established