Contract Resources Pty Ltd T/A Contract Resources Pty Ltd

[2016] FWCA 3703

[2016] FWCA 3703

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Contract Resources Pty Ltd T/A Contract Resources Pty Ltd
(AG2016/1300)

CONTRACT RESOURCES PTY LTD QUEENSLAND OPERATIONS ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER HUNT	BRISBANE, 8 JUNE 2016

Application for variation of the Contract Resources Pty Ltd Queensland Operation Enterprise Agreement 2014.

[1] An application has been made for variation of the Contract Resources Pty Ltd Queensland Operation Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act). It has been made by Contract Resources Pty Ltd T/A Contract Resources Pty Ltd (the Employer).

[2] The Employer statutory declaration in support of the application for approval of a variation was declared by Mr Mike Rooney, Regional Manager East Coast.

[3] The Australian Workers’ Union is an employee organisation that is covered by the Agreement.

[4] The application seeks to vary the Agreement to give effect to the following:

(a) Expand the Application of the Agreement at clause 2.1 to include: civil construction which includes all related skills involved in minor demolition, earthmoving, plant operation, bitumen works and associated activities within the state of Queensland;
(b) For the purposes of the Better off Overall Test, the Building and Construction General On-site Award 2010 now also applies;
(c) The operation of the Agreement is extended and pay increases will be provided for the extended period;

(d) Leading hand allowances payable per week and adjusted to reflect the extended operation of Agreement; and

(e) Lytton Site Allowance and Lytton Alky Allowance included in the Agreement.

[5] On 6 June 2016 an undertaking was provided by the Employer. Pursuant to s.212 of the Act, I accept the Employer's undertakings. In accordance with s.213(1) of the Act I note that a copy of the undertaking is attached to the Agreement and forms part of the Agreement.

[6] I am satisfied that each of the requirements of ss.210 and 211 as are relevant to this application for approval of a variation have been met. Of particular note, I am satisfied that the variations in paragraph [4] above continue to satisfy the terms of Part 2-2, the National Employment Standards of the Act, and the Better off Overall Test pursuant to s.193(1) of the Act. The requirements in Regulation 2.09A of the Fair Work Regulations 2009 for the signing of a variation to the enterprise agreement have been met.

[7] The variation to the Agreement is approved. In accordance with s.216 of the Act, the variation will operate from 8 June 2016.

[8] The consolidated version of the Agreement, as varied, is attached to this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, AE411841  PR581349>