Construction, Forestry and Maritime Employees Union

[2025] FWCA 2017

[2025] FWCA 2017

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1716)

MINPROVISE INTERNATIONAL PTY LTD PERDAMAN CERES PROJECT GREENFIELDS AGREEMENT 2024

Building, metal and civil construction industries
COMMISSIONER LIM	PERTH, 18 JUNE 2025

Application for approval of the Minprovise International Pty Ltd Perdaman Ceres Project Greenfields Agreement 2024 – Agreement approved.

1. An application has been made for approval of a greenfields agreement known as the Minprovise International Pty Ltd Perdaman Ceres Project Greenfields Agreement 2024. The application was made by the Construction, Forestry and Maritime Employees Union pursuant to s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement will cover Minprovise International Pty Ltd (the Employer).

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 and 187 of the Act as are relevant to this application for approval have been met.

1. I note that the following clauses in the Agreement appear to be inconsistent with the National Employment Standards: 

1. Personal leave – Clause 26(6) of the Agreement provides that notice for personal leave should be provided, other than in extraordinary circumstances, within 1 hour of commencement of the absence. This appears more onerous than the personal leave notification requirements in s 107 of the Act, which states that notice should be provided as soon as practicable, which may be at a time that is after the commencement of the leave.

1. Compassionate leave – The entitlement to compassionate leave provided by Clause 28 of the Agreement does not appear to be triggered after the stillbirth of a child of the employee or a member of the employee’s immediate family or household as per s 105(1)(b) of the Act or after the employee or the employee’s spouse or de facto partner has a miscarriage as per s 105(1)(c) of the Act.

1. Public holiday - Clause 27(4) of the Agreement provides that the employer and a majority of employees may agree to substitute a nominated public holiday to another day. This appears to be inconsistent with s 115(3) of the Act which provides that such substitution may only occur by agreement between the employer and an employee.

1. Abandonment – Clause 32(18) of the Agreement provides an abandonment clause, however this clause does not specifically provide that employees deemed to have abandoned their employment in accordance with this clause will be afforded their minimum notice of termination entitlement as per s 117(3) of the Act. We note that s.123 of the Act does not preclude an employee who has abandoned their employment from the entitlement to notice of termination provided by s 117 of the Act.

1. However, I am satisfied that under clause 4.1 of the Agreement, the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. In accordance with s 187(5)(a) of the Act, I am satisfied that the Construction, Forestry and Maritime Employees Union; Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia; and "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) (the Unions) 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 Unions and that the Agreement covers them.

1. The Agreement is approved and, in accordance with s 54 of the Act, will operate from 25 June 2025. The nominal expiry date of the Agreement is 9 May 2028.

COMMISSIONER

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