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

[2024] FWCA 3535

[2024] FWCA 3535

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2024/3718)

RESOURCE SERVICES GROUP X PTY LTD AND ETU VICTORIAN RAIL INFRASTRUCTURE GREENFIELDS AGREEMENT 2021– 2025

Rail industry
COMMISSIONER JOHNS	MELBOURNE, 8 OCTOBER 2024

Application for approval of the Resource Services Group X Pty Ltd and ETU Victorian Rail Infrastructure Greenfields Agreement 2021– 2025

1. An application has been made for approval of a greenfields agreement known as the Resource Services Group X Pty Ltd and ETU Victorian Rail Infrastructure Greenfields Agreement 2021– 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement. It has been made by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia.

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

1. Pursuant to s.205A(2) of the Act, the workplace delegates’ right term prescribed by the Electrical, Electronic and Communications Contracting Award 2020 is taken to be a term of the Agreement.

1. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

1. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

1. An assessment of the Agreement has identified various clauses that may be inconsistent with the National Employment Standards (NES).  In particular, the terms relating to:

a)Clause 12: Redundancy;

b)Clause 13.10: Annual Leave;

c)Clause 13.4(b): Annual Leave;

d)Clause 13.8: Termination – withholding of NES entitlements;

e)Clause 16.1: Compassionate Leave; and

f)Clause 24(f): Casual Conversion.

1. Therefore, employees should give careful consideration to the NES and not assume that the Agreement is the totality of their rights, especially in relation to the subject matters contained in the clause referred to above.

1. Noting the NES precedence clause (Clause 6), to the extent that any clause in the Agreement is inconsistent with the NES, it is not an impediment to the approval of the Agreement.

1. Pursuant to s.53(2)(b) of the Act I note the Agreement was made with CEPU and that the Agreement covers this organisation.

1. The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 15 October 2024. The nominal expiry date of the Agreement is 31 March 2025.

COMMISSIONER

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