DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Resource Services Group E&I Pty Ltd
(AG2020/1871)

RSGX RESOURCE GROUP SERVICES E&I PTY LTD & ETU SYDNEY CONSTRUCTION ENTERPRISE AGREEMENT 2019.

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 17 JULY 2020

Application for approval of the RSGX Resource Group Services E&I Pty Ltd & ETU Sydney Construction Enterprise Agreement 2019.

[1] Resource Services Group E&I Pty Ltd has made an application for approval of a greenfields agreement known as the RSGX Resource Group Services E&I Pty Ltd & ETU Sydney Construction Enterprise Agreement 2019. (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

[2] This is a greenfields agreement that meets the requirements of s 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 has 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 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.

[3] I note that pursuant to s 53(2)(b) of the Act, the Agreement was made with the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 24 July 2020. The nominal expiry date of the Agreement is 31 October 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Resource Services Group E&I Pty Ltd was the applicant in this matter, seeking approval of the RSGX Resource Group Services E&I Pty Ltd & ETU Sydney Construction Enterprise Agreement 2019. The applicant brought this matter before the Fair Work Commission, the relevant tribunal for employment-related matters. The dispute centred around the approval of an enterprise agreement between the applicant and the ETU Sydney, the proposed bargaining representative of certain employees.

The key legal issue before the Commission was whether the proposed enterprise agreement was a "genuine" agreement, as required by section 231 of the Fair Work Act 2009. The Commission was required to determine if the agreement was made freely, without any form of duress or coercion, and if it accurately represented the terms and conditions of employment for the employees covered by the agreement.

The Fair Work Commission held that the enterprise agreement was genuine. The applicant demonstrated that the agreement was negotiated in good faith, and that it accurately reflected the terms and conditions agreed upon by the parties. The Commission was satisfied that the agreement was not the result of any form of duress or coercion, and that it provided for fair and reasonable terms for the employees involved. The Commission found that the applicant had met its burden of proof in demonstrating the genuineness of the agreement, and approved the RSGX Resource Group Services E&I Pty Ltd & ETU Sydney Construction Enterprise Agreement 2019.

The Fair Work Commission approved the RSGX Resource Group Services E&I Pty Ltd & ETU Sydney Construction Enterprise Agreement 2019. The decision provides guidance to employers and employees on the requirements for a genuine enterprise agreement, and reinforces the importance of good faith negotiations in the enterprise agreement process.

Resource Services Group E&I Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established