Construction, Forestry and Maritime Employees Union

[2025] FWCA 2644

[2025] FWCA 2644

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2478)

DEREK GEE INSTALLATIONS PTY LTD ALKIMOS SEA-WATER DESALINATION PROJECT UNION GREENFIELDS AGREEMENT 2025

Building services
DEPUTY PRESIDENT MASSON	MELBOURNE, 11 AUGUST 2025

Application for approval of the Derek Gee Installations Pty Ltd Alkimos Sea-Water Desalination Project Union Greenfields Agreement 2025

1. An application has been made for approval of a greenfields agreement known as the Derek Gee Installations Pty Ltd Alkimos Sea-Water Desalination Project Union Greenfields Agreement 2025 (the Agreement). The application was made by the Construction, Forestry and Maritime Employees Union pursuant to s.185 of the Fair Work Act 2009 (Act).

1. This is a greenfields agreement that meets the requirements of section 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 Construction, Forestry and Maritime Employees Union, the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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. I note that Clause 45 is inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 4.3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

1. Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Construction, Forestry and Maritime Employees Union, the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and that the Agreement covers these organisations.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 August 2025. The nominal expiry date of the Agreement is 11 August 2029.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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