Clough Projects Pty Ltd

[2024] FWCA 1673

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

Clough Projects Pty Ltd

(AG2024/1402)

CLOUGH PROJECTS PTY LTD PERDAMAN CERES PROJECT GREENFIELDS AGREEMENT 2024

Building, metal and civil construction industries
COMMISSIONER LIM	PERTH, 9 MAY 2024

Application for approval of the Clough Projects Pty Ltd Perdaman Ceres Project Greenfields Agreement 2024

An application has been made for approval of a greenfields agreement known as the Clough Projects Pty Ltd Perdaman Ceres Project Greenfields Agreement 2024 (the Agreement). The application was made by Clough Projects Pty Ltd pursuant to s 185 of the Fair Work Act 2009 (Cth) (the 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 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers’ Union (the AMWU), the Construction, Forestry and Maritime Employees Union (the CFMEU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union (the CEPU) 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 organisation and that the Agreement covers it.

Pursuant to s 201(2A) of the Act, I note the Agreement covers the AMWU, CFMEU and the CEPU.

The Employer has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s.191(1) of the Act, the undertakings are taken to be a term of the Agreement.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 16 May 2024. The nominal expiry date of the Agreement is 9 May 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Clough Projects Pty Ltd applied for approval of a greenfields agreement concerning its Perdaman Ceres Project. The Fair Work Commission, under the Fair Work Act 2009, considered the application to approve the Clough Projects Pty Ltd Perdaman Ceres Project Greenfields Agreement 2024. The unions involved were the Australian Manufacturing Workers’ Union, the Construction, Forestry and Maritime Employees Union, and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union. The central legal issue was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The Commissioner determined that the agreement met the criteria outlined in sections 186 and 187 of the Act. The unions representing a majority of employees were entitled to represent their industrial interests, and it was in the public interest to approve the agreement. The unions involved in the agreement were appropriately covered, and the employer had provided written undertakings which were integral to the agreement. The Commissioner concluded that the agreement would operate from 16 May 2024 until 9 May 2028.

In light of the above findings, the Commissioner approved the agreement. The approval ensures that the terms of the agreement, including the written undertakings by the employer, will be legally binding from the effective date. This decision upholds the statutory framework for greenfields agreements and ensures that the interests of employees and the public are protected. The agreement will operate as per the approved terms from the specified date, subject to its nominal expiry on 9 May 2028.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established