Resources Services Group X Pty Ltd

[2025] FWCA 19

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

Resources Services Group X Pty Ltd

(AG2024/4388)

AMWU AND RESOURCE SERVICES GROUP X PTY LTD METAL ENGINEERING NORTH EAST LINK PROJECT AGREEMENT 2023 - 2026

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 2 JANUARY 2025

Application for approval of the AMWU AND Resource Services Group X Pty Ltd Metal Engineering North East Link Project Agreement 2023 - 2026

An application has been made for approval of a greenfields agreement known as the AMWU AND Resource Services Group X Pty Ltd Metal Engineering North East Link Project Agreement 2023 - 2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement. It has been made by Resources Services Group X Pty Ltd.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. In particular, I am satisfied that “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.

The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s.191(1) of the Act, the undertakings are taken to be a term of the Agreement.

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

The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 9 January 2025. The nominal expiry date of the Agreement is 1 July 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application by the Australian Manufacturing Workers' Union (AMWU) and Resources Services Group X Pty Ltd for the approval of their agreement concerning the Metal Engineering North East Link Project for the years 2023 to 2026. The application was heard in the Fair Work Commission (FWC). The central issue before the FWC was whether the proposed agreement met the requirements of the Fair Work Act 2009 and if it was in the best interests of the employees. Specifically, the court needed to assess the fairness and efficacy of the agreement in terms of wages, conditions, and other employment terms and whether it adhered to the principles of procedural and substantive fairness.

The FWC evaluated the agreement by considering the broader context of the industrial relations environment, the specific needs of the industry, and the rights and protections afforded to employees under the Fair Work Act. The court scrutinised the terms of the agreement to ensure that they were not unduly harsh, unjust, or discriminatory, and that they provided fair compensation and conditions for the workers involved. Additionally, the FWC examined whether the agreement provided for adequate dispute resolution mechanisms and whether it aligned with the broader objectives of the Fair Work Act, such as maintaining harmonious, productive, and cooperative workplace relations.

Upon reviewing the evidence and arguments presented, the FWC determined that the proposed agreement was fair and reasonable. The court found that the terms of the agreement were not unduly harsh, unjust, or discriminatory, and that they provided adequate protection for the employees. Furthermore, the FWC concluded that the agreement was consistent with the broader objectives of the Fair Work Act and would contribute to maintaining harmonious, productive, and cooperative workplace relations. Consequently, the FWC approved the agreement, and it is now binding on the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established