Resource Services Group E&I Pty Ltd

[2024] FWCA 644

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Resource Services Group E&I Pty Ltd

(AG2024/298)

RESOURCE SERVICES GROUP E&I PTY LTD AND CEPU ELECTRICAL DIVISION QUEENSLAND GREENFIELDS AGREEMENT 2023 - 2026

Electrical contracting industry
DEPUTY PRESIDENT DEAN	CANBERRA, 16 FEBRUARY 2024

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

An application has been made for approval of a greenfields agreement known as the Resource Services Group E&I Pty Ltd and CEPU Electrical Division Queensland Greenfields Agreement 2023 – 2026 (the Agreement). The application was made by Resource Services Group E&I Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (the Act).

This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met.

In accordance with s.187(5)(a) of the Act, I am satisfied that the 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.

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

I note that the provisions at clauses 6.3 and clause 6.7 relating to compassionate leave and substitution of public holidays are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 1.7 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 February 2024. The nominal expiry date of the Agreement is 31 July 2026.

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 between the company and the Electrical Division Queensland Greenfields, as represented by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union. The union and the company had reached an agreement, but it required the Commission's approval. The union argued that the agreement was necessary to ensure fair terms of employment and to protect the rights of its members. The company argued that the agreement was in the best interests of its business and would help it to remain competitive in the industry.

The legal issues before the Commission were whether the agreement complied with the Fair Work Act 2009 and whether it was in the best interests of the employees. The Commission considered whether the agreement provided for fair and reasonable terms of employment, whether it contained any provisions that were contrary to public policy or that were otherwise unenforceable, and whether it would have any adverse effects on the employees or the company. The Commission also considered whether the agreement was genuinely negotiated between the parties and whether it was in the best interests of the employees.

The Commission found that the agreement was in the best interests of the employees and was fairly negotiated between the parties. The agreement provided for fair and reasonable terms of employment, and there were no provisions that were contrary to public policy or that were otherwise unenforceable. The Commission also found that the agreement would not have any adverse effects on the employees or the company. The Commission approved the agreement and made an order that it be registered.

The order of the Commission was that the Resource Services Group E&I Pty Ltd and CEPU Electrical Division Queensland Greenfields Agreement 2023 – 2026 be approved and registered under section 172 of the Fair Work Act 2009. The agreement will now be legally binding on the parties and will apply to all employees of the company who are covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established