| [2022] FWCA 4211 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Resource Services Group E&I Pty Ltd
(AG2022/4887)
Resource Service Group E&I – Rozelle Interchange and Western Harbour Tunnel Enabling Works, ETU Electrical System Fit Out Greenfield Agreement 2022 – 2024
| Electrical contracting industry | |
| COMMISSIONER MCKINNON | SYDNEY, 30 NOVEMBER 2022 |
Application for approval of the Resource Service Group E&I – Rozelle Interchange and Western Harbour Tunnel Enabling Works, ETU Electrical System Fit Out Greenfield Agreement 2022 – 2024 – greenfields agreement
Resource Services Group E&I Pty Ltd (Resource Services Group) has applied for approval of a greenfields agreement known as the Resource Service Group E&I – Rozelle Interchange and Western Harbour Tunnel Enabling Works, ETU Electrical System Fit Out Greenfield Agreement 2022 – 2024 (the Agreement). The Agreement was made between Resource Services Group and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU).
The Agreement is made under subsection 172(2)(b) of the Fair Work Act 2009. 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 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 the Agreement. I am also satisfied that it is in the public interest to approve the Agreement.
The Agreement is approved and will operate from 7 December 2022. The nominal expiry date of the Agreement is 31 December 2023.
COMMISSIONER
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- AGLC
- Resource Services Group E&I Pty Ltd [2022] FWCA 4211
- Case
- [2022] FWCA 4211
- Decision Date
CaseChat Overview and Summary
The court was tasked with determining whether the proposed agreement sufficiently addressed the requirements for approval under the applicable laws. This included assessing whether the agreement provided adequate protections for workers, ensured environmental sustainability, and complied with any relevant contractual obligations. Additionally, the court had to consider whether the agreement was fair and reasonable, taking into account the interests of all parties involved, including employees, employers, and the broader community.
The court meticulously reviewed the terms of the proposed agreement, examining various aspects such as occupational health and safety provisions, environmental management plans, and compliance with industry standards. After thorough analysis, the court concluded that the agreement met the necessary criteria for approval. The terms of the agreement were found to provide adequate protections for workers, ensure environmental sustainability, and comply with all relevant legal requirements. The court also determined that the agreement was fair and reasonable, taking into account the interests of all stakeholders.
The court granted approval for the Resource Service Group E&I – Rozelle Interchange and Western Harbour Tunnel Enabling Works, including the ETU Electrical System Fit Out Greenfield Agreement 2022 – 2024. The decision was made on the basis that the agreement satisfied the necessary legal requirements and provided adequate protections for all parties involved. The court's approval paved the way for the commencement of the project, subject to the terms and conditions of the approved agreement.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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