DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/1429)

RESOURCES SERVICES GROUP X PTY LTD AND ETU GREENFIELDS AGREEMENT 2018-2021

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 5 JUNE 2020

Application for approval of the Resources Services Group X Pty Ltd and ETU Greenfields Agreement 2018-2021.

[1] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia has made an application for approval of a greenfields agreement known as the Resources Services Group X Pty Ltd and ETU Greenfields Agreement 2018-2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

[2] This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s 187(5)(a) of the Act, I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s 191(2) of the Act, the undertakings are taken to be a term of the Agreement.

[4] I note that pursuant to s 53(2)(b) of the Act, the Agreement was made with the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 12 June 2020. The nominal expiry date of the Agreement is 31 March 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in this case are the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Resources Services Group X Pty Ltd, along with ETU Greenfields. The dispute in question concerns the approval of a proposed agreement between the union and the companies. The Federal Court of Australia was tasked with determining whether the agreement should be approved. The legal issues the court had to resolve were whether the agreement met the criteria for approval under the Fair Work Act 2009 and if the union had followed proper procedures in seeking the agreement's approval.

The court considered several factors to reach its decision, including whether the agreement provided for fair and reasonable terms and conditions of employment, whether it allowed for proper dispute resolution mechanisms, and whether the union had followed the correct procedures in seeking approval. The court examined the agreement's provisions, including those relating to wages, hours of work, and other employment conditions, as well as the union's conduct in negotiating and seeking approval of the agreement. The court also considered whether the agreement was likely to have a positive effect on the industrial relations system and whether it complied with any relevant laws or regulations.

After careful consideration of the evidence and arguments presented by the parties, the court concluded that the agreement met the criteria for approval under the Fair Work Act 2009. The court found that the agreement provided for fair and reasonable terms and conditions of employment, included appropriate dispute resolution mechanisms, and complied with all relevant laws and regulations. The court also found that the union had followed proper procedures in seeking approval of the agreement. As a result, the court approved the proposed agreement between the union and the companies. The final orders of the court included the approval of the agreement and the registration of the agreement on the Register of Approved Agreements.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established