Construction, Forestry and Maritime Employees Union

[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

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).

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.

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.

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.

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

CaseChat Overview and Summary

The Construction, Forestry and Maritime Employees Union applied to the Fair Work Commission for approval of the Derek Gee Installations Pty Ltd Alkimos Sea-Water Desalination Project Union Greenfields Agreement 2025. The dispute centred on whether the proposed agreement met the requirements of section 234 of the Fair Work Act 2009 for a greenfields agreement, which is an agreement between an employer and a trade union that regulates employment terms and conditions for a new project. The employer, Derek Gee Installations Pty Ltd, intended to undertake a sea-water desalination project at Alkimos, and the union sought to negotiate terms and conditions for workers employed on the project.

The Commission was required to consider whether the agreement was genuinely negotiated and whether it complied with the provisions of the Fair Work Act, particularly the requirements for a greenfields agreement. The key issue was whether the agreement provided adequate protection for workers and whether it was in the best interests of the employees. The Commission examined the negotiation process, the terms of the agreement, and the impact on the employees.

After thorough consideration, the Fair Work Commission approved the Union Greenfields Agreement 2025, finding that it was genuinely negotiated and met the statutory requirements. The Commission was satisfied that the agreement provided appropriate protections and benefits for the employees involved in the project. The Commission noted that the agreement included provisions for wages, hours of work, leave, and other employment conditions that were fair and reasonable. The approval was granted on the condition that the agreement would be reviewed periodically to ensure ongoing compliance with the Fair Work Act.

The final orders included the approval of the Union Greenfields Agreement 2025, subject to the condition that it would be subject to periodic review. The Commission also ordered that the agreement be registered with the Fair Work Commission and that any changes to the agreement would require further approval. This decision provides a framework for future greenfields agreements and ensures that workers on new projects are protected under fair and reasonable employment terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established