Resource Services Group X Pty Ltd Summary

[2024] FWCA 2494

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Resource Services Group X Pty Ltd

(AG2024/2223)

RESOURCE SERVICES GROUP X PTY LTD ENTERPRISE AGREEMENT 2024-2028

Electrical, construction, manufacturing and plumbing industries
COMMISSIONER CRAWFORD	SYDNEY, 4 JULY 2024

Application for approval of the Resource Services Group X Pty Ltd Enterprise Agreement 2024-2028

An application has been made for approval of an enterprise agreement known as the Resource Services Group X Pty Ltd Enterprise Agreement 2024 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act). It has been made by Resource Services Group X Pty Ltd (Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting clause 2.4 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 4 July 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Resource Services Group X Pty Ltd, sought approval from the Fair Work Commission of the Enterprise Agreement 2024-2028. The dispute arose between the employer and its employees, who were represented by the Construction, Forestry, Maritime, Mining and Energy Union. The matter was heard by the Fair Work Commission.

The central issue before the Commission was whether the proposed Enterprise Agreement complied with the requirements of the Fair Work Act 2009, including provisions concerning the fairness of the agreement and its alignment with the national minimum safety net. The Commission also needed to assess the agreement's provisions in relation to pay rates, conditions, and the protection of employee rights.

The Fair Work Commission considered the agreement's provisions and found that it met the requirements of the Fair Work Act. The Commission noted that the agreement provided for fair and reasonable terms and conditions, including pay rates that were consistent with the national minimum safety net. It also found that the agreement included appropriate mechanisms for the resolution of disputes and the protection of employee rights. Consequently, the Commission approved the Enterprise Agreement.

The Fair Work Commission approved the Resource Services Group X Pty Ltd Enterprise Agreement 2024-2028, effective from 1 April 2024, subject to the provisions of the Fair Work Act. The agreement now governs the terms and conditions of employment for the employees of Resource Services Group X Pty Ltd for the next four years.

Resource Services Group X Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established