Darren Nelson T/A Nelson Consulting Group P/L Summary

[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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the court involved an application for approval of a greenfield agreement concerning the League Project Personnel Pty Ltd, AWU and CFMEU Snowy Hydro 2.0 Project. The applicant, Darren Nelson trading as Nelson Consulting Group P/L, sought the court's endorsement of the agreement, which was proposed for the period of 2024 to 2025. The dispute centred around the terms and conditions of the agreement, its compliance with relevant industrial and labour laws, and its fairness and appropriateness for the parties involved.

The primary legal issues the court had to address were whether the proposed agreement complied with the applicable statutory provisions under the Fair Work Act 2009, and if the terms of the agreement were fair and reasonable. The court also needed to determine whether the agreement provided for the proper representation and protection of the interests of the employees and the employers. Furthermore, the court was tasked with ensuring that the agreement did not unfairly discriminate against any party and that it adhered to the principles of good faith bargaining.

The court meticulously reviewed the terms of the proposed agreement, taking into consideration the arguments presented by both the applicant and the interested parties. The court assessed the agreement against the relevant provisions of the Fair Work Act 2009, ensuring that it met the requirements for approval. The court found that the agreement was fair and reasonable, providing adequate protection and representation for all parties. Consequently, the court approved the agreement, subject to the conditions set out in the order.

The final orders of the court included the approval of the League Project Personnel Pty Ltd, AWU and CFMEU Snowy Hydro 2.0 Project Greenfield Agreement 2024 – 2025, subject to the conditions outlined in the order. The court also directed that the agreement be registered with the Fair Work Commission and that it would be in effect from the date of the order. Additionally, the court imposed a requirement for regular reporting and compliance checks to ensure ongoing adherence to the terms of the agreement.

Darren Nelson T/A Nelson Consulting Group P/L

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established