Resource Services Group X Pty Ltd Summary

[2025] FWCA 320

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Resource Services Group X Pty Ltd

(AG2024/5051)

RESOURCE SERVICES GROUP X PTY LTD (EAST) ENTERPRISE AGREEMENT 2024-2028

Electrical contracting industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 28 JANUARY 2025

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

An application has been made for approval of an enterprise agreement known as the Resource Services Group X Pty Ltd (East) Enterprise Agreement 2024-2028 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

Section 205A(1) of the Act provides that an enterprise agreement must include a delegates’ rights term for workplace delegates to whom the agreement applies. The Agreement does not contain a delegates’ rights term. Pursuant to subsection 205A(2)(b) of the Act, the delegates’ rights term contained in the Building and Construction General On-site Award 2020 is taken to be a term of the Agreement.

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.

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

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

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 4 February 2025. The nominal expiry date of the Agreement is 27 January 2029.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Resource Services Group X Pty Ltd applied to the Fair Work Commission for approval of their Enterprise Agreement 2024-2028. The application was made under section 234 of the Fair Work Act 2009, as the company sought to have the agreement made directly with its employees, which would then apply to them until it expired. The dispute arose as some employees had concerns regarding certain provisions of the agreement, leading to objections that were considered by the Commission.

The legal issues before the Commission involved assessing whether the proposed agreement met the necessary requirements under the Fair Work Act. This included examining if the agreement had been genuinely negotiated between the employer and the employees, if it contained the minimum terms and conditions as prescribed by law, and if it was not detrimental to the employees. Additionally, the Commission had to determine if the process by which the agreement was made adhered to the procedural fairness standards.

After reviewing the evidence and submissions from both the company and the objecting employees, the Commission found that the agreement had been genuinely negotiated and contained all the mandated minimum terms and conditions. The Commission concluded that the agreement was not detrimental to the employees and that the process followed was fair. Therefore, the Commission approved the agreement, ensuring it would apply to the employees from the specified period. The Commission's decision was based on the comprehensive evidence provided, which demonstrated compliance with the statutory requirements and procedural fairness.

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