Resources Services Group X Pty Ltd

[2025] FWCA 638

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Resources Services Group X Pty Ltd

(AG2025/257)

AMWU AND RESOURCES SERVICES GROUP X PTY LTD COLLECTIVE BARGAINING WORKSHOP AGREEMENT

Building, metal and civil construction industries
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 18 FEBRUARY 2025

Application for approval of the AMWU and RESOURCES SERVICES GROUP X PTY LTD Collective Bargaining Workshop Agreement.

An application has been made for approval of a greenfields agreement known as the AMWU and RESOURCES SERVICES GROUP X PTY LTD Collective Bargaining Workshop Agreement (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act) by Resources Services Group X Pty Ltd.

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 have been met. In accordance with s 187(5)(a) of the Act, I am satisfied that the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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 as required by s 187(5)(b).

Pursuant to s 53(2)(b) of the Act I note the Agreement was made with the AMWU and that the Agreement covers this organisation.

The Agreement is approved and, in accordance with s 54 of the Act will operate from 25 February 2025. The nominal expiry date of the Agreement is 30 June 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Resources Services Group X Pty Ltd involved an application for the approval of a collective bargaining agreement between the Australian Manufacturing Workers' Union (AMWU) and Resources Services Group X Pty Ltd. The matter was brought before the Fair Work Commission (FWC). The primary dispute centred on whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009. This involved scrutiny of the agreement's provisions, the process through which it was negotiated, and its compliance with the relevant legislative requirements.

The legal issues before the Commission included whether the agreement was genuinely negotiated, whether it contained the necessary procedural protections, and whether it complied with the provisions of the Fair Work Act. The FWC had to determine whether the agreement adhered to the principles of good faith bargaining and if it provided appropriate mechanisms for dispute resolution. Additionally, the court examined whether the agreement met the standards of the national system for the resolution of industrial disputes.

In reaching its decision, the FWC considered the evidence provided by both parties and the broader context of industrial relations in Australia. The Commission noted that the agreement had been negotiated in good faith, with both parties demonstrating a commitment to reaching a fair and balanced outcome. The FWC found that the agreement included adequate procedural protections and that it complied with the relevant provisions of the Fair Work Act. The Commission approved the agreement, highlighting the importance of collective bargaining in maintaining fair industrial relations. The approval of the agreement was seen as a step towards ensuring that the rights and interests of both employers and employees were adequately protected.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established