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

[2024] FWCA 2406

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Darren Nelson T/A Nelson Consulting Group P/L

(AG2024/2186)

LEAGUE PROJECT PERSONNEL PTY LTD AND AWU SNOWY HYDRO 2.0 PROJECT GREENFIELD AGREEMENT 2024 – 2025

Building, metal and civil construction industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 27 JUNE 2024

Application for approval of the League Project Personnel Pty Ltd AND AWU 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 and AWU 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 As Nelson Consulting Group P/L (Employer). The Agreement is a single enterprise agreement.

Undertakings

The Employer has provided written undertakings dated 24 June 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 4 July 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 applicant, Darren Nelson trading as Nelson Consulting Group P/L, applied to the court for approval of a new enterprise agreement between League Project Personnel Pty Ltd and AWU Snowy Hydro 2.0 Project Greenfield Agreement 2024 – 2025. The application was made under the Fair Work Act 2009, seeking the court's endorsement of the agreement, which outlines the terms and conditions of employment for the workers involved. The primary concern of the court was whether the agreement met the statutory requirements under the Fair Work Act, including fairness and compliance with the relevant legislative provisions.

The legal issues that the court was required to determine included whether the agreement contained all the prescribed terms and conditions, whether the agreement had been fairly negotiated, and if it met the statutory requirements for employee representation. Furthermore, the court had to consider if the agreement contained provisions that were unfair or did not comply with the Act. The court also examined whether the agreement provided adequate protections for employees and whether the bargaining process was conducted in good faith.

The court conducted a detailed examination of the agreement, focusing on the terms and conditions, employee representation, and negotiation processes. The court found that the agreement was fairly negotiated and contained all the prescribed terms and conditions. It also determined that the agreement provided adequate protections for employees and was in compliance with the relevant provisions of the Fair Work Act. The court concluded that the agreement was fair and met the statutory requirements, leading to the approval of the enterprise agreement. The court's decision was based on the thorough analysis of the agreement and the evidence presented during the application process. The final orders granted the approval of the League Project Personnel Pty Ltd and AWU Snowy Hydro 2.0 Project Greenfield Agreement 2024 – 2025, effective from the date of the court's decision.

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