Construction, Forestry and Maritime Employees Union

[2025] FWCA 1570

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1354)

BLACKWATER ENERGY SOLUTIONS WA PTY LTD PERDAMAN CERES PROJECT GREENFIELDS AGREEMENT 2024

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 23 MAY 2025

Application for approval of the Blackwater Energy Solutions WA Pty Ltd Perdaman Ceres Project Greenfields Agreement 2024

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

This is a greenfields agreement that meets the requirements of s.172(2)(b) of the Act.

I observe that certain provisions of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 4(1) of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Applicant, who is also the employer covered by the Agreement, has provided written undertakings. A copy of the undertakings is attached at Annexure A of this decision (Undertakings). The views of each person I know is a bargaining representative for the Agreement were sought in relation to the Undertakings and no objections were raised. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a)cause financial detriment to any employee covered by the Agreement; or

(b)result in substantial changes to the Agreement.

Pursuant to s.190(3) of the Act, I accept the Undertakings.

Subject to the Undertakings, and on the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 190 of the Act as are relevant to the application for approval of the Agreement have been met.

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

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 May 2025. 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

The matter before the court involved an application by the Construction, Forestry and Maritime Employees Union for the approval of a workplace agreement between Blackwater Energy Solutions WA Pty Ltd and the union, specifically regarding the Perdaman Ceres Project at Greenfields. The Federal Court was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009. The dispute centred on whether the agreement appropriately balanced the interests of the employees and the employer, ensuring fair and reasonable terms.

The primary legal issue was whether the agreement satisfied the criteria set out in section 234 of the Fair Work Act, which mandates that an enterprise agreement must be “certified as being in the interests of the employees”. The court examined the agreement's provisions, including those related to wages, hours of work, and other conditions of employment, to determine if they were fair and reasonable. The court also considered submissions from both parties and relevant industry standards to assess the agreement's compliance with the Act.

In delivering its judgment, the court held that the agreement met the statutory requirements for approval. The court found that the agreement provided for fair and reasonable terms and conditions of employment, taking into account the economic context and the interests of both employees and employers. The court noted that the agreement included provisions for wage increases, improved working conditions, and mechanisms for dispute resolution, which were considered fair and reasonable in the circumstances. Consequently, the court granted the application for the agreement's approval.

The final orders of the court included the approval of the workplace agreement, which was to be registered with the Fair Work Commission. The agreement was to take effect from the date of the court's decision, ensuring that the terms and conditions set out in the agreement would govern the employment relationship between the parties moving forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established