Resource Services Group E&I Pty Ltd Summary

[2025] FWCA 1919

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Resource Services Group E&I Pty Ltd

(AG2025/1672)

RESOURCE SERVICES GROUP E&I PTY LTD AND CEPU ELECTRICAL DIVISION QUEENSLAND CROSS RIVER RAIL PROJECT ENTERPRISE AGREEMENT 2025-2027

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 12 JUNE 2025

Application for approval of the Resource Services Group E&I Pty Ltd and CEPU Electrical Division Queensland Cross River Rail Project Enterprise Agreement 2025-2027

Resource Services Group E&I Pty Ltd has made an application for approval of an enterprise agreement known as the Resource Services Group E&I Pty Ltd and CEPU Electrical Division Queensland Cross River Rail Project Enterprise Agreement 2025-2027 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

While the application is generally in order, the notice of employee representational rights that was given to employees was not in the prescribed form. However, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(5)(a) and that the employees covered by the Agreement are not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188 of the Act.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The CEPU, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2), I note that the Agreement covers the CEPU.

The Agreement was approved on 12 June 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Resource Services Group E&I Pty Ltd applied to the Fair Work Commission for the approval of an enterprise agreement that was negotiated with the CEPU Electrical Division Queensland. The agreement was for the Cross River Rail Project and covered the period 2025 to 2027. The nature of the dispute was the need to ensure that the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009. The Fair Work Commission was the court that heard the matter.

The legal issues the court needed to determine included whether the agreement met the statutory requirements for an enterprise agreement, including whether it was in good faith and whether it contained the necessary provisions. The court also needed to consider whether the agreement was in the best interests of the employees covered by it and whether it complied with the relevant provisions of the Fair Work Act. The court was required to assess whether the agreement provided for appropriate minimum terms and conditions of employment, including wages, hours of work, and other employment-related matters.

The Fair Work Commission found that the proposed enterprise agreement met the statutory requirements for an enterprise agreement. The court found that the agreement was made in good faith and contained the necessary provisions. The court also found that the agreement was in the best interests of the employees covered by it and complied with the relevant provisions of the Fair Work Act. The court approved the agreement, noting that it provided for appropriate minimum terms and conditions of employment, including wages, hours of work, and other employment-related matters. The court made an order approving the agreement and registering it with the Fair Work Commission.

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