Project Labour Solutions Pty Ltd As Trustee For Project Labour Solutions Trust Summary

[2024] FWCA 480

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

Project Labour Solutions Pty Ltd As Trustee For Project Labour Solutions Trust

(AG2024/167)

PROJECT LABOUR SOLUTIONS PTY LTD / CFMEU SOUTH AUSTRALIA GREENFIELD ENTERPRISE AGREEMENT 2023

Building, metal and civil construction industries
COMMISSIONER THORNTON	ADELAIDE, 7 FEBRUARY 2024

Application for approval of the Project Labour Solutions Pty Ltd / CFMEU South Australia Greenfield Enterprise Agreement 2023

An application has been made for approval of a greenfields enterprise agreement known as the Project Labour Solutions Pty Ltd / CFMEU South Australia Greenfield Enterprise Agreement 2023 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Project Labour Solutions Pty Ltd as Trustee For Project Labour Solutions Trust (the Applicant). The Agreement is a greenfields agreement made pursuant to s.172(2)(b) of the Act.

I am satisfied that each requirement of ss186 and 187 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 Construction, Forestry and Maritime Employees Union (CFMEU) 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 performance under the Agreement. 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 CFMEU and that the Agreement covers this organisation.

The Agreement is approved and will operate in accordance with s.54 of the Act from 14 February 2024. The nominal expiry date of the Agreement 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission was presented with an application for the approval of a greenfields enterprise agreement between Project Labour Solutions Pty Ltd, as Trustee for Project Labour Solutions Trust, and the Construction, Forestry and Maritime Employees Union (South Australia Branch). The application was brought under section 185 of the Fair Work Act 2009, seeking approval for the Project Labour Solutions Pty Ltd / CFMEU South Australia Greenfield Enterprise Agreement 2023. This agreement was crafted to cover employees involved in the building, metal, and civil construction industries.

The legal issues before the Commission involved verifying that the agreement met all necessary requirements under sections 186 and 187 of the Fair Work Act. Specifically, the Commission had to determine whether the CFMEU had the right to represent the majority of the employees covered by the agreement and whether it was in the public interest to approve the agreement. Additionally, the Commission considered whether the agreement was made in accordance with the provisions of the Act.

Commissioner Thornton concluded that all relevant requirements under sections 186 and 187 of the Fair Work Act were satisfied. The Commissioner found that the CFMEU was indeed entitled to represent the industrial interests of a majority of the employees affected by the agreement, as stipulated by section 187(5)(a) of the Act. Furthermore, the Commissioner determined that it was in the public interest to approve the agreement. The agreement was also noted to have been made with the CFMEU, and it covers this organisation, as required by section 53(2)(b) of the Act.

Following the determination that all criteria for approval were met, the Commissioner approved the Project Labour Solutions Pty Ltd / CFMEU South Australia Greenfield Enterprise Agreement 2023. The agreement is set to operate from 14 February 2024, with a nominal expiry date of 30 June 2025, as stipulated in section 54 of the Act.

Project Labour Solutions Pty Ltd As Trustee For Project Labour Solutions Trust

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established