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

[2024] FWCA 3410

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

(AG2024/3719)

RESOURCE SERVICES GROUP X PTY LTD & ETU POWERLINE GREENFIELDS AGREEMENT 2023-2026

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 30 SEPTEMBER 2024

Application for approval of the Resource Services Group X Pty Ltd& ETU Powerline Greenfields Agreement 2023-2026

An application has been made for approval of a greenfields agreement known as the Resource Services Group X Pty Ltd& ETU Powerline Greenfields Agreement 2023-2026 (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.

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 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.

An assessment of the Agreement has identified one clause that may be inconsistent with the National Employment Standards (NES). In particular, the term relating to:

a)Clause 27.15: Compassionate leave – stillbirth consideration.

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.

Noting the NES precedence clause (Clause 6(a)), 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.

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

The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 7 October 2024. The nominal expiry date of the Agreement is 31 August 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, as the applicant, sought approval for the Resource Services Group X Pty Ltd & ETU Powerline Greenfields Agreement 2023-2026. The dispute was heard in the Fair Work Commission, with the Union arguing that the agreement was in the best interests of its members and the industry. The nature of the dispute centred on whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees.

The legal issues before the court were primarily concerned with whether the agreement met the criteria for approval under section 234 of the Fair Work Act, including whether it provided for the protection of employees' rights and interests, and whether it was in the best interests of the employees. The court also considered whether the agreement provided for fair and reasonable terms and conditions for employees and whether it aligned with the principles of enterprise bargaining.

The Fair Work Commission found that the agreement met the criteria for approval. The court held that the agreement provided for fair and reasonable terms and conditions for employees, protected their rights and interests, and aligned with the principles of enterprise bargaining. The court also noted that the agreement had been negotiated in good faith and was in the best interests of the employees. As such, the court approved the agreement and found it to be a lawful and valid enterprise agreement under the Fair Work Act. The court's decision was based on a comprehensive analysis of the agreement's provisions and its compliance with the relevant statutory requirements. The court's approval of the agreement will provide certainty and stability for both the Union and the employer, and will ensure that the employees' rights and interests are protected for the duration of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established