Resource Services Group X Pty Ltd Summary

[2022] FWCA 664

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Resource Services Group X Pty Ltd

(AG2022/322)

Resource Services Group X Pty Ltd & ETU Enterprise Agreement 2021 – 2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 24 FEBRUARY 2022

Application for approval of the Resource Services Group X Pty Ltd & ETU Enterprise Agreement 2021 – 2025

Resource Services Group X Pty Ltd has made an application for approval of an enterprise agreement known as the Resource Services Group X Pty Ltd & ETU Enterprise Agreement 2021 – 2025 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The employer has provided a written undertaking, a copy of which is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that it will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement. Although the undertaking ensures only that the relevant apprentice rate of pay will not be less than the Award, the Agreement provides for various other benefits, including income protection, such that apprentices, like all other employees, will be better off overall if the Agreement applied to them than if the Award were to apply.

Subject to the undertaking referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.

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) and based on its declaration, I note that the Agreement covers the CEPU.

The Agreement was approved on 24 February 2022 and, in accordance with s 54, will operate from 3 March 2022. The nominal expiry date of the Agreement is 31 March 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Resource Services Group X Pty Ltd and ETU Enterprise Agreement 2021-2025. The applicant, Resource Services Group X Pty Ltd, sought approval for the enterprise agreement, while the respondent, the Electrical Trades Union (ETU), supported the application. The dispute centred around the terms and conditions outlined in the proposed enterprise agreement, including matters such as wages, working hours, leave entitlements, and dispute resolution mechanisms.

The key legal issues before the Commission were whether the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it met the 'better off overall test'. The Commission had to assess if the proposed agreement provided employees with conditions at least as favourable as the applicable awards or registered agreements and whether it provided a net benefit to the employees.

In reaching its decision, the Commission examined the proposed agreement in detail, considering the submissions from both parties and the evidence provided. The Commission found that the proposed agreement complied with the statutory requirements and provided employees with conditions that were at least as favourable as the relevant awards. The Commission also concluded that the agreement met the 'better off overall test', as it provided employees with improved wages, leave entitlements, and other benefits, outweighing any negative aspects of the proposed changes. Consequently, the Commission approved the application and the Resource Services Group X Pty Ltd and ETU Enterprise Agreement 2021-2025.

The Fair Work Commission approved the application and determined that the Resource Services Group X Pty Ltd and ETU Enterprise Agreement 2021-2025 met the legal requirements and provided a net benefit to employees. The agreement was approved, and the parties were directed to implement the terms and conditions as outlined in the approved agreement.

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