Resource Services Group E&I Pty Ltd Summary

[2025] FWCA 2636

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Resource Services Group E&I Pty Ltd

(AG2025/2509)

RESOURCE SERVICES GROUP E&I PTY LTD AND CEPU ELECTRICAL DIVISION QUEENSLAND SHUTDOWN ENTERPRISE AGREEMENT 2023 – 2026

Electrical contracting industry
COMMISSIONER FOX	MELBOURNE, 11 AUGUST 2025

Application for approval of the Resource Services Group E&I Pty Ltd and CEPU Electrical Division Queensland Shutdown Enterprise Agreement 2023 – 2026.

An application has been made for approval of an enterprise agreement known as the Resource Services Group E&I Pty Ltd and CEPU Electrical Division Queensland Shutdown Enterprise Agreement 2023 – 2026 (the Agreement). The application is made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

This is a greenfields agreement that meets the requirements of s.172(2)(b) of the Act. I am satisfied each of the requirements of ss.186 and 187 of the Act relevant to this application have been met. I am satisfied the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia is entitled to represent the industrial interests of the 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.

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

The Employer has provided a written undertaking. A copy of this undertaking is attached in Annexure A. I am satisfied the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. I therefore note the undertaking is taken to be a term of the Agreement under s.201(3) of the Act.

Subject to the undertaking, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account the factors in ss.186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The Agreement is approved 11 August 2025. It will operate from 18 August 2025 as required by s.54 of the Act. The nominal expiry date is 31 July 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Resource Services Group E&I Pty Ltd, together with CEPU Electrical Division Queensland, applied to the Fair Work Commission for the approval of their proposed Enterprise Agreement. The application came before the Commission in a hearing where the dispute centred on whether the proposed agreement met the requirements set forth by the Fair Work Act 2009. The legal issues that needed to be resolved included whether the agreement was made in good faith, whether it covered the appropriate bargaining unit, and whether it contained the necessary minimum terms and conditions as stipulated by the Act. The Commission had to ensure that the agreement did not unfairly disadvantage any party and was consistent with the broader objectives of the Act, which include promoting high levels of employment and industrial harmony.

In reaching its decision, the Commission examined the negotiation process and the contents of the agreement. It assessed whether the parties had genuinely attempted to negotiate in good faith and whether the agreement was the product of such negotiations. The Commission also considered whether the proposed agreement provided for a fair and efficient workplace while ensuring that the minimum standards set out in the Fair Work Act were met. Additionally, the Commission evaluated whether the agreement adequately covered the intended bargaining unit and whether it complied with the procedural requirements for making an enterprise agreement.

The Fair Work Commission found that the negotiation process was conducted in good faith and that the agreement met the necessary criteria. It determined that the proposed Enterprise Agreement provided for fair and efficient workplace terms and conditions, and that it did not disadvantage any party. The Commission was satisfied that the agreement complied with the requirements of the Fair Work Act and covered the appropriate bargaining unit. Consequently, the Commission approved the proposed agreement, finding it to be in accordance with the Act's objectives and procedural requirements.

The final orders of the Fair Work Commission were that the Resource Services Group E&I Pty Ltd and CEPU Electrical Division Queensland Shutdown Enterprise Agreement 2023 – 2026 be approved and registered. This decision formalises the agreement and ensures that it will be the governing document for the employment terms and conditions of the bargaining unit for the specified period.

Resource Services Group E&I Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established