Clough Projects Pty Ltd

Case

[2024] FWCA 3816

31 OCTOBER 2024


[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.

  1. 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).

  1. 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.

  1. 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.

  1. 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

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