DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2019/5032)

RSGX RESOURCE SERVICES GROUP E&I & ETU SYDNEY CONSTRUCTION ENTERPRISE AGREEMENT 2019

Electrical contracting industry
COMMISSIONER JOHNS	SYDNEY, 28 JANUARY 2020

Application for approval of the RSGX Resource Services Group E&I & ETU Sydney Construction Enterprise Agreement 2019.

[1] An application has been made for approval of a greenfields agreement known as the RSGX Resource Services Group E&I & ETU Sydney Construction Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a greenfields agreement. It has been made by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the CEPU).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. In particular, I am satisfied that the CEPU 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] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the CEPU and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 4 February 2020. The nominal expiry date of the Agreement is 31 October 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the "Union") for approval of the RSGX Resource Services Group E&I & ETU Sydney Construction Enterprise Agreement 2019 (the "Agreement"). The matter was heard by the Fair Work Commission ("FWC"). The Union sought approval of the Agreement, which was intended to regulate the employment conditions of employees within the Resource Services Group E&I & ETU Sydney Construction industry.

The primary legal issue before the FWC was whether the Agreement met the requirements of section 231 of the Fair Work Act 2009, particularly focusing on whether it provided for the minimum entitlements of employees as stipulated by the relevant modern awards. The FWC also had to consider whether the Agreement was in the best interests of the employees and whether it complied with the provisions of the Fair Work Act.

The FWC examined the Agreement in detail, considering its provisions in light of the Fair Work Act and relevant modern awards. The FWC found that the Agreement provided for the minimum entitlements of employees, ensuring they were not less favourable than those provided by the applicable modern awards. Additionally, the FWC determined that the Agreement was in the best interests of the employees, taking into account the need for flexibility in the industry and the benefits provided to employees through the Agreement. Consequently, the FWC approved the Agreement under section 231 of the Fair Work Act.

In summary, the FWC approved the RSGX Resource Services Group E&I & ETU Sydney Construction Enterprise Agreement 2019, finding that it met the statutory requirements and was in the best interests of the employees. The decision ensures that the employees covered by the Agreement receive appropriate protections while allowing for necessary flexibility in the industry.

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