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

CaseChat Overview and Summary

The case before the Fair Work Commission involved Contract Resources Pty Ltd, trading as Contract Resources Pty Ltd, and its employees. The dispute pertained to an application for a variation of the Queensland Operation Enterprise Agreement 2014. The application sought to amend various terms and conditions of employment, including changes to pay rates, hours of work, and other workplace arrangements. The Fair Work Commission was tasked with determining whether the proposed variations were reasonable and appropriate under the relevant legislative framework.

The primary legal issues before the Commission were whether the proposed variations to the enterprise agreement were in the interest of promoting conciliation, arbitration, and the settlement of industrial disputes; whether they provided for fair and reasonable terms and conditions of employment; and whether they adhered to the procedural requirements set out in the Fair Work Act 2009. The Commission had to weigh the submissions from both the employer and the employees' representatives, taking into account the principles of fairness and the broader context of industrial relations.

The Fair Work Commission concluded that the proposed variations were reasonable and appropriate. The Commission found that the changes to the enterprise agreement were necessary to reflect changes in the business environment and to ensure the continued competitiveness and viability of the employer. The Commission emphasised the importance of maintaining a balanced approach, considering both the interests of the employees and the employer. It determined that the variations would not undermine the fundamental terms and conditions of employment and were procedurally sound. The application was thus approved, and the amended agreement was registered.

The Fair Work Commission made orders approving the application for the variation of the Queensland Operation Enterprise Agreement 2014 as proposed by Contract Resources Pty Ltd. The amended agreement was to come into effect from a specified date, and the Commission directed that the necessary steps be taken to give effect to the changes. The decision underscores the Commission's role in facilitating fair and balanced outcomes in enterprise bargaining, ensuring that both parties' interests are considered in the context of a changing industrial landscape.

Contract Resources Pty Ltd T/A 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