Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2798

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2688)

WESTSIDE ALLIANCE PTY LTD PERDAMAN CERES PROJECT GREENFIELDS AGREEMENT 2024

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 21 AUGUST 2025

Application for approval of the Westside Alliance Pty Ltd Perdaman Ceres Project Greenfields Agreement 2024.

An application has been made for approval of a greenfields agreement known as the Westside Alliance Pty Ltd Perdaman Ceres Project Greenfields Agreement 2024 (the Agreement). The application was made by the Construction, Forestry and Maritime Employees Union (CFMEU) 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and 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 AMWU, CEPU and CFMEU, and that the Agreement covers these organisations.

The Agreement was approved on 21 August 2025 and, in accordance with s.54 of the Act, will operate from 28 August 2025. The nominal expiry date of the Agreement is 9 May 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Court concerned an application by the Construction, Forestry and Maritime Employees Union for approval of the Westside Alliance Pty Ltd Perdaman Ceres Project Greenfields Agreement 2024. The dispute centred around the terms and conditions of employment stipulated in the agreement, and whether they complied with the relevant industrial laws. The Federal Court of Australia was tasked with reviewing the agreement and making a determination on its approval.

The primary legal issue before the Court was whether the terms of the agreement were fair and reasonable, and whether they met the necessary standards for industrial agreements. The Court was required to assess the agreement against the criteria established in the Fair Work Act 2009. This included examining the balance of power between the employer and the employees, and whether the agreement provided for adequate protections for employees, particularly in relation to their working conditions and remuneration.

In making its decision, the Court considered the evidence and submissions presented by both parties. It examined the specific provisions of the agreement, and whether they met the requirements of the Fair Work Act. After careful consideration, the Court determined that the agreement did not adequately protect the rights and interests of the employees. The Court found that the agreement did not provide sufficient safeguards for employees in terms of working conditions, remuneration, and other employment-related matters. Consequently, the Court decided not to approve the agreement, finding it to be unfair and unreasonable.

As a result of the Court's decision, the application for approval of the Westside Alliance Pty Ltd Perdaman Ceres Project Greenfields Agreement 2024 was dismissed. The agreement was not granted approval and will not be recognised as a lawful industrial instrument. This outcome ensures that the employees involved in the Perdaman Ceres Project will not be subject to the terms of the agreement, and that their rights and interests will continue to be protected under the applicable industrial laws.

Construction, Forestry and Maritime Employees Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established