Darren Nelson T/A Nelson Consulting Group P/L
[2024] FWCA 1677
•7 MAY 2024
| [2024] FWCA 1677 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Darren Nelson T/A Nelson Consulting Group P/L
(AG2024/1391)
LEAGUE PROJECT PERSONNEL PTY LTD, AWU AND CFMEU SNOWY HYDRO 2.0 PROJECT GREENFIELD AGREEMENT 2024 – 2025
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT BOYCE | SYDNEY, 7 MAY 2024 |
Application for approval of the League Project Personnel Pty Ltd, AWU and CFMEU Snowy Hydro 2.0 Project Greenfield Agreement 2024 – 2025
An application has been made for approval of an enterprise agreement to be known as the League Project Personnel Pty Ltd, AWU and CFMEU Snowy Hydro 2.0 Project Greenfield Agreement 2024 – 2025 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Darren Nelson T/A Nelson Consulting Group P/L (Employer). The Agreement is a single enterprise agreement.
Undertakings
The Employer has provided written undertakings dated 6 May 2024. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Building and Construction General On-site Award 2020), and that the undertakings will not result in substantial changes to the Agreement.
Conclusion
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.
I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 May 2024. The nominal expiry date of the Agreement is 1 July 2025.
DEPUTY PRESIDENT
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Annexure A
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