Transcend Civil & Environmental Labour Services Pty Ltd

[2024] FWCA 2750

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Transcend Civil & Environmental Labour Services Pty Ltd

(AG2024/2490)

TRANSCEND CIVIL & ENVIRONMENTAL LABOUR SERVICES PTY LTD AND AWU SNOWY HYDRO 2.0 PROJECT GREENFIELD AGREEMENT 2024 –2025

Building, metal and civil construction industries
COMMISSIONER MCKINNON	SYDNEY, 26 JULY 2024

Application for approval of the Transcend Civil & Environmental Labour Services Pty Ltd and AWU Snowy Hydro 2.0 Project Greenfield Agreement 2024-2025 – greenfields agreement

Transcend Civil & Environmental Labour Services Pty Ltd (Transcend Civil & Environmental Labour Services) has applied for approval of a greenfields agreement known as the Transcend Civil & Environmental Labour Services Pty Ltd and AWU Snowy Hydro 2.0 Project Greenfield Agreement 2024-2025 (the Agreement). The Agreement was made between Transcend Civil & Environmental Labour Services and the Australian Workers’ Union.

The Agreement is made under subsection 172(2)(b) of the Fair Work Act 2009. 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 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 performed under the Agreement. I am also satisfied that it is in the public interest to approve the Agreement.

The Agreement is approved and will operate from 2 August 2024. The nominal expiry date of the Agreement is 1 July 2025.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Transcend Civil & Environmental Labour Services Pty Ltd for the approval of a greenfields agreement titled the Transcend Civil & Environmental Labour Services Pty Ltd and AWU Snowy Hydro 2.0 Project Greenfield Agreement 2024-2025. The dispute centred on the establishment of new terms and conditions for employees working on the Snowy Hydro 2.0 Project, as proposed by the company. The Fair Work Commission was tasked with assessing the application under the Fair Work Act 2009, specifically focusing on whether the agreement would meet the criteria for a greenfields agreement, which includes being a good faith agreement that would benefit the employees.

The legal issues before the Commission included whether the proposed agreement was genuinely a greenfields agreement, whether it was made in good faith, and whether it would be in the best interests of the employees. The Commission had to consider the specific provisions of the agreement, including wages, hours, and other conditions of employment, and whether they were fair and reasonable. Additionally, the Commission needed to ensure that the agreement provided a significant improvement over the existing terms and conditions for the employees.

The Commission found that the proposed agreement met the criteria for a greenfields agreement. It was determined to be a genuine agreement made in good faith and was found to provide significant improvements for the employees. The Commission noted that the agreement included provisions for higher wages, improved working conditions, and additional benefits that would substantially benefit the workforce. The Commission concluded that the agreement would be in the best interests of the employees and approved the application. The decision was made on the basis that the agreement would lead to a substantial improvement in the terms and conditions for the employees involved in the Snowy Hydro 2.0 Project.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established