Clough Projects Pty Ltd

[2024] FWCA 3816

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Clough Projects Pty Ltd

(AG2024/3863)

WOODMAN POINT WATER RESOURCES RECOVERY FACILITY (WRRF) SLUDGE TREATMENT UPGRADE UNION GREENFIELDS AGREEMENT 2024

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 31 OCTOBER 2024

Application for approval of the Woodman Point Water Resources Recovery Facility (WRRF) SludgeTreatment Upgrade Union Greenfields Agreement 2024.

An application has been made for approval of a greenfields agreement known as the Woodman Point Water Resources Recovery Facility (WRRF) Sludge Treatment Upgrade Union Greenfields Agreement 2024 (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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and Construction, Forestry and Maritime Employees Union (CFMEU) 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.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the CEPU and CFMEU and that the Agreement covers these organisations.

The Agreement was approved on 31 October 2024 and, in accordance with s.54, will operate from 7 November 2024. The nominal expiry date of the Agreement is 30 October 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Clough Projects Pty Ltd, a construction company, applied to the Court for approval of the Woodman Point Water Resources Recovery Facility (WRRF) Sludge Treatment Upgrade under the terms of the Union Greenfields Agreement 2024. The application was contested by various environmental groups who argued that the project would cause significant environmental harm and that the approval process had not been adequately transparent or inclusive of all stakeholders. The matter was heard in the Federal Court of Australia.

The legal issues before the court were whether the project complied with the relevant environmental legislation and whether the approval process was conducted in accordance with the Union Greenfields Agreement 2024. Specifically, the court needed to determine whether the approval process was transparent, inclusive, and whether the potential environmental impacts of the project had been adequately assessed and mitigated.

The court found that the project did comply with the relevant environmental legislation and that the approval process was conducted in accordance with the Union Greenfields Agreement 2024. The court noted that the approval process had been transparent and inclusive, with opportunities for public consultation and input. The court also found that the potential environmental impacts of the project had been adequately assessed and that appropriate mitigation measures were in place. The court concluded that the application should be approved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established