Clough Projects Pty Ltd

[2024] FWCA 4422

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Clough Projects Pty Ltd

(AG2024/4444)

CLOUGH PROJECTS PTY LTD AND CFMEU (WA) GREENFIELDS AGREEMENT 2024-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 11 DECEMBER 2024

Application for approval of the Clough Projects Pty Ltd and CFMEU (WA) Greenfields Agreement 2024-2027.

An application has been made for approval of a greenfields agreement known as the Clough Projects Pty Ltd and CFMEU (WA) Greenfields Agreement 2024-2027 (the Agreement). The application was made by Clough Projects Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

This is a greenfields agreement that meets the requirements of s.172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186, 187, 193 and 193A 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 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 performed under it. 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 was approved on 11 December 2024 and, in accordance with s.54 of the Act, will operate from 18 December 2024. The nominal expiry date of the Agreement is 2 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Clough Projects Pty Ltd applied for approval of an enterprise agreement with the Construction, Forestry, Maritime, Mining and Energy Union (WA). The application for approval came before Commissioner Kyriakou. The dispute centred on the terms of the Clough Projects Pty Ltd and CFMEU (WA) Greenfields Agreement 2024-2027 and whether they complied with the relevant legislative requirements.

The primary legal issue was whether the agreement met the necessary standards for approval under the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement was a "better off overall test" agreement, meaning that it provided employees with a minimum of 15% increase in total remuneration over four years, and whether it complied with the "good faith" bargaining requirements. The Commissioner also considered the fairness and appropriateness of the agreement's terms.

The Commissioner found that the agreement satisfied the "better off overall test" and was a genuine attempt at good faith bargaining. The Commissioner noted the comprehensive nature of the agreement, which covered a wide range of employment conditions and addressed various aspects of employee welfare. The Commissioner concluded that the agreement was fair and appropriate, considering the interests of both parties and the broader employment landscape.

Consequently, the Commissioner approved the Clough Projects Pty Ltd and CFMEU (WA) Greenfields Agreement 2024-2027. The agreement was deemed to be in the best interests of the employees and the employer and was fit for registration under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established