Resource Services Group E&I Pty Ltd

[2024] FWCA 2699

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Resource Services Group E&I Pty Ltd

(AG2024/2618)

RESOURCE SERVICES GROUP E&I PTY LTD - WESTERN SYDNEY AIRPORT STATIONS, SYSTEMS, TRAINS, OPERATIONS AND MAINTENANCE (SSTOM), AWU GREENFIELD AGREEMENT

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 22 JULY 2024

Application for approval of the Resource Services Group E&I Pty Ltd - Western Sydney Airport Stations, Systems, Trains, Operations and Maintenance (SSTOM), AWU Greenfield Agreement

An application has been made for approval of a greenfields agreement known as the Resource Services Group E&I Pty Ltd - Western Sydney Airport Stations, Systems, Trains, Operations and Maintenance (SSTOM), AWU Greenfield Agreement (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 Resource Services Group E&I Pty Ltd.

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 Australian Workers’ Union (AWU) 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.

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

The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 29 July 2024. The nominal expiry date of the Agreement is 1 July 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Resource Services Group E&I Pty Ltd, the applicant sought approval for the Resource Services Group E&I Pty Ltd - Western Sydney Airport Stations, Systems, Trains, Operations and Maintenance (SSTOM), AWU Greenfield Agreement. The application was heard by the Fair Work Commission, which is tasked with regulating workplace relations and resolving disputes. The applicant argued that the proposed agreement would be suitable for the workplace and conducive to productivity, while the Australian Workers' Union (AWU) supported the agreement, stating that it was in the best interests of the employees.

The primary legal issue before the Commission was whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for fair and reasonable terms and conditions of employment, and whether it was consistent with the principles of the Act, such as the protection of employees' rights and interests. The Commission also considered whether the agreement would promote workplace harmony and productivity.

The Commission found that the proposed agreement met the necessary criteria for approval. It determined that the agreement provided for fair and reasonable terms and conditions of employment, and that it was consistent with the principles of the Act. The Commission also found that the agreement would promote workplace harmony and productivity. The Commission noted that the agreement included provisions for consultation and communication between the parties, as well as provisions for the resolution of disputes and grievances. The Commission was satisfied that the agreement would provide for a fair and effective system for the resolution of workplace issues.

The Commission approved the proposed agreement, subject to certain conditions. These conditions included the establishment of a joint consultative committee to oversee the implementation of the agreement, and the requirement for the parties to engage in good faith negotiations to resolve any disputes that may arise. The Commission also required the parties to provide regular reports to the Commission on the operation of the agreement, to ensure that it continued to meet the necessary criteria for approval. The applicant and the AWU were bound by the terms of the approved agreement, and were required to comply with its provisions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established