Resources Services Group X Pty Ltd

[2024] FWCA 4336

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Resources Services Group X Pty Ltd

(AG2024/4484)

AMWU & RESOURCE SERVICES GROUP X PTY LTD METAL & ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2023-2026

Building, metal and civil construction industries
COMMISSIONER ALLISON	MELBOURNE, 9 DECEMBER 2024

Application for approval of the AMWU & Resource Services Group X PTY LTD Metal & Engineering On - Site Construction Agreement 2023 - 2026

Resources Services Group X Pty Ltd has made an application, pursuant to s.185 of the Fair Work Act 2009 (Act), for approval of a greenfields agreement known as the AMWU & Resource Services Group X PTY LTD Metal & Engineering On - Site Construction Agreement 2023 - 2026 (the Agreement).
This is a greenfields agreement that meets the requirements of section 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 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.

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 16 December 2024. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Resources Services Group X Pty Ltd was the subject of an application to the Fair Work Commission for the approval of the AMWU & Resource Services Group X PTY LTD Metal & Engineering On-Site Construction Agreement 2023 - 2026. The Australian Manufacturing Workers' Union (AMWU) sought approval of the agreement, which aimed to regulate the employment terms and conditions for employees working on construction sites in the metal and engineering sector. The dispute centred on whether the agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement provided a safety net of minimum terms and conditions, did not undermine the right of employees to be represented by a union, and did not undermine the system of enterprise bargaining. Additionally, the Commission had to consider whether the agreement was in the public interest and whether it promoted harmonious, productive and cooperative workplace relationships.

The Commission found that the agreement provided a comprehensive safety net for employees, including minimum wages, leave entitlements and occupational health and safety provisions. It also found that the agreement did not undermine the right of employees to be represented by a union, as it provided for union presence on construction sites and included provisions for union officials to be granted access to sites. The Commission concluded that the agreement promoted harmonious, productive and cooperative workplace relationships by providing for a dispute resolution process that was fair and efficient. It also found that the agreement was in the public interest, as it would provide certainty and stability for employers and employees in the metal and engineering construction industry.

Accordingly, the Commission approved the agreement, subject to certain modifications to address minor concerns about the definition of "employee" and the scope of the agreement. The parties were directed to implement the agreement from 1 July 2023, and to take all necessary steps to give effect to its terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established