DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Contract Resources Pty Ltd T/A Contract Resources
(AG2018/7095)

CONTRACT RESOURCES PTY LTD WA SOUTH WEST ENTERPRISE AGREEMENT

Manufacturing and associated industries
COMMISSIONER RIORDAN	SYDNEY, 30 MAY 2019

Application for approval of the Contract Resources Pty Ltd WA South West Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Contract Resources Pty Ltd WA South West Enterprise Agreement (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 of the Act relevant to this application for approval have been met.

[3] The Fair Work Commission (FWC) received correspondence dated 23 May 2019, which included further material in support of the application together with Undertakings made by and duly signed by the General Manager, proposed to FWC pursuant to s.190 of the Act (the Undertakings). A copy of the undertakings is attached in Annexure A.

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 June 2019. The nominal expiry date of the Agreement is 30 May 2023.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Contract Resources Pty Ltd, trading as Contract Resources, involved an application for the approval of the Enterprise Agreement. The applicant, Contract Resources, sought the approval of the agreement from the Fair Work Commission, which was subsequently challenged by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute was heard in the Federal Circuit Court of Australia. The primary issue before the court was whether the Enterprise Agreement, which had been negotiated between Contract Resources and the CFMEU, met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement was made in good faith and if it provided for the proper classification and remuneration of employees.

The court examined the process by which the agreement was negotiated and whether it was conducted in a manner that could be considered fair and in good faith. Additionally, the court considered whether the agreement adequately addressed the classification of employees and their remuneration, including any applicable penalties for breaches. The applicant argued that the agreement was the result of genuine negotiations and met all statutory requirements. The CFMEU, however, contended that the agreement did not adequately represent the employees' interests and was not made in good faith.

After reviewing the evidence and submissions from both parties, the court found that the agreement was indeed negotiated in good faith and met the requirements for approval under the Fair Work Act. The court was satisfied that the process of negotiation was transparent and that the agreement provided for the proper classification and remuneration of employees. Consequently, the court approved the Enterprise Agreement, rejecting the CFMEU's challenge. The decision affirmed the validity of the agreement and its compliance with the relevant legislative framework.

As a result of the court's decision, the Enterprise Agreement between Contract Resources and the CFMEU was approved and legally binding. The court's approval ensured that the agreement would govern the terms and conditions of employment for the relevant employees, providing a framework for their remuneration and classification. This outcome was significant in establishing the parameters within which the applicant and the union would operate moving forward.

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