DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Resource Services Group X Pty Ltd
(AG2019/2828)

RSGX ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 28 AUGUST 2019

Application for approval of the RSGx Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the RSGx Enterprise Agreement 2019 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[4] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 4 September 2019. The nominal expiry date of the Agreement is 27 August 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by Resource Services Group X Pty Ltd (RSGx) for the approval of the RSGx Enterprise Agreement 2019. The application was contested by the Finance Sector Union of Australia (FSU), which raised concerns about various provisions in the proposed agreement. The Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed enterprise agreement contained terms that were contrary to the provisions of the Fair Work Act, particularly whether the agreement allowed for unfair dismissal practices and whether it provided adequate protections for employees. The FSU argued that certain clauses in the agreement permitted dismissals without just cause or justification, which was against the principles of the Act. Additionally, the FSU contended that the agreement did not sufficiently address issues such as minimum wages, working hours, and other employment conditions.

In assessing the application, the Commission considered the overall fairness and compliance of the proposed agreement with the statutory requirements. The Commission found that while some provisions raised legitimate concerns, others were consistent with the legislative framework. Notably, the Commission held that certain clauses indeed permitted dismissals without adequate justification, which was inconsistent with the Act. However, the Commission also recognised the need for a balance between the interests of the employer and the protections afforded to employees. After considering submissions from both parties and the broader implications of the agreement, the Commission approved the enterprise agreement with specific conditions and modifications to address the identified issues.

The final orders included the approval of the RSGx Enterprise Agreement 2019, subject to the modifications made to ensure compliance with the Fair Work Act. These modifications aimed to rectify the identified concerns and provide adequate protections for employees, thereby upholding the principles of fairness and equity in the workplace.

Resource Services Group X 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