Construction, Forestry and Maritime Employees Union

[2025] FWCA 3235

[2025] FWCA 3235

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2924)

SCEE ELECTRICAL PTY LTD ALKIMOS SEA-WATER DESALINATION PROJECT UNION GREENFIELDS AGREEMENT 2025

Electrical contracting industry
COMMISSIONER THORNTON	ADELAIDE, 23 SEPTEMBER 2025

Application for approval of the SCEE Electrical Pty Ltd Alkimos Sea-Water Desalination Project Union Greenfields Agreement 2025

1. An application has been made for approval of an enterprise agreement known as the SCEE Electrical Pty Ltd Alkimos Sea-Water Desalination Project Union Greenfields Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry and Maritime Employees Union (CFMEU or the Applicant). The Agreement is a greenfields enterprise agreement.

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. In accordance with s.187(5)(a) of the Act, I am satisfied that the CFMEU, 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 (CEPU) 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. Having regard to s.187(5)(b), I am also satisfied that it is in the public interest to approve the Agreement.

1. The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

1. The Agreement does not contain a flexibility term that meets the requirements of the Act. The agreement was made on 27 August 2025. Thus, pursuant to s.202(4) and Clause 107 of Schedule 1 of the Act, the model flexibility term as prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement.

1. I observe that Clauses 41.5(a) and 42.2 relating to notice for personal/carer’s leave may be inconsistent with the National Employment Standards (NES). Clause 45 likewise may be inconsistent with the NES in that it does not provide for compassionate leave on stillbirth or miscarriage as provided by sections 104(1)(b) and (c) of the Act. Noting clause 4.3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

1. Pursuant to s.53(2)(b) of the Act, I note the Agreement was made with the CFMEU, the AMWU and the CEPU, and that the Agreement covers these organisations.

1. The Agreement is approved and will operate in accordance with s.54 of the Act from 30 September 2025. The nominal expiry date of the Agreement is 23 September 2029.

COMMISSIONER

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