Resource Services Group E&I Pty Ltd Summary

[2022] FWCA 574

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Resource Services Group E&I Pty Ltd

(AG2022/175)

Resource Services Group E&I Pty Ltd and CEPU Electrical Division Cross River Rail Project Agreement 2020-2024

Electrical contracting industry
COMMISSIONER HUNT	BRISBANE, 21 FEBRUARY 2022

Application for approval of the Resource Services Group E&I Pty Ltd and CEPU Electrical Division Cross River Rail Project Agreement 2020-2024

Resource Services Group E&I Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the Resource Services Group E&I Pty Ltd and CEPU Electrical Division Cross River Rail Project Agreement 2020-2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

I have taken into consideration the material filed in the Commission. 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Electrical, Energy and Services Division of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (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. In accordance with s.201(2) of the Act I note that the Agreement covers the CEPU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 February 2022. The nominal expiry date of the Agreement is 31 January 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Resource Services Group E&I Pty Ltd (the applicant) filed an application with the Fair Work Commission for approval of an enterprise agreement between the applicant and the CEPU Electrical Division (the respondent). The agreement, titled the Cross River Rail Project Agreement 2020-2024, was subject to the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. The dispute arose over the terms of the agreement, which the respondent argued were not appropriately negotiated, and therefore, did not meet the legal requirements for approval.

The central legal issues before the Commission were whether the agreement was genuinely negotiated, whether it contained the necessary provisions to be considered a single, indivisible agreement, and whether it complied with the provisions of the Fair Work Act. The Commission also considered whether the agreement met the criteria for "better off overall" as required by the Act. The applicant contended that the agreement was the product of genuine negotiations and that it was fair and reasonable in all respects.

In determining the validity of the agreement, the Commission examined the negotiation process, the contents of the agreement, and the evidence provided by both parties. The Commission found that the applicant had conducted genuine negotiations and that the agreement contained all the necessary provisions. The Commission was satisfied that the agreement was a single, indivisible document and that it complied with the relevant legislative provisions. Furthermore, the Commission determined that employees would be better off overall by the terms of the agreement. Consequently, the application for approval was granted.

The Fair Work Commission approved the Cross River Rail Project Agreement 2020-2024 between Resource Services Group E&I Pty Ltd and the CEPU Electrical Division. The agreement is now legally binding and will govern the employment conditions of the employees covered by the agreement 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