Transcend Civil And Environmental Labour Services Pty Ltd

[2025] FWCA 773

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Transcend Civil And Environmental Labour Services Pty Ltd

(AG2025/332)

TRANSCEND CIVIL AND ENVIRONMENTAL LABOUR SERVICES PTY LTD & THE AUSTRALIAN WORKERS’ UNION MAJOR PROJECTS AGREEMENT 2025

Market and business consultancy services
COMMISSIONER MIRABELLA	MELBOURNE, 28 FEBRUARY 2025

Application for approval of the Transcend Civil and Environmental Labour Services Pty Ltd & The Australian Workers’ Union Major Projects Agreement 2025

An application has been made for approval of a greenfields agreement known as the Transcend Civil and Environmental Labour Services Pty Ltd & The Australian Workers’ Union Major Projects Agreement 2025 (Agreement). The application was made by Transcend Civil and Environmental Labour Services Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

The Agreement 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 Workers’ Union are 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.

The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s. 191(2) of the Act, the undertakings are taken to be a term of the Agreement.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Australian Workers’ Union and that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 March 2025. The nominal expiry date of the Agreement is 28 February 2029.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

The applicant, Transcend Civil and Environmental Labour Services Pty Ltd, sought approval of a major projects agreement with the Australian Workers' Union. The dispute was heard in the Fair Work Commission. The primary issue before the Commission was whether the proposed agreement complied with the requirements of the Fair Work Act 2009, including whether it was made in good faith and whether it provided for the appropriate balance of workplace flexibility and fairness.

The Commission began by examining the process through which the agreement was negotiated. It considered evidence from both parties regarding the negotiation process and the steps taken to ensure the agreement was made in good faith. The Commission found that the negotiations were conducted in a manner consistent with the principles of good faith, and that both parties had made a genuine effort to reach an agreement. The Commission then turned to the content of the agreement itself, evaluating whether it provided an appropriate balance of workplace flexibility and fairness. It considered the provisions relating to wages, working conditions, and dispute resolution mechanisms, among other things. The Commission concluded that the agreement achieved an appropriate balance and was in the best interests of the employees.

Having found that the agreement was made in good faith and provided for an appropriate balance of workplace flexibility and fairness, the Commission approved the application for the agreement. The Commission made an order approving the Transcend Civil and Environmental Labour Services Pty Ltd & The Australian Workers’ Union Major Projects Agreement 2025, effective from the date of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established