| [2025] FWCA 3155 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry And Maritime Employees Union
(AG2025/2929)
DJELEANNA PTY LTD PERDAMAN CERES PROJECT GREENFIELDS AGREEMENT 2024
| Building, metal and civil construction industries | |
| COMMISSIONER LIM | PERTH, 18 SEPTEMBER 2025 |
Application for approval of the Djeleanna Pty Ltd Perdaman Ceres Project Greenfields Agreement 2024
An application has been made for approval of a greenfields agreement known as the Djeleanna Pty Ltd Perdaman Ceres Project Greenfields Agreement 2024 (the Agreement). The application was made by the Construction, Forestry and Maritime Employees Union (CFMEU) pursuant to s 185 of the Fair Work Act 2009 (Cth) (the Act).
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 (AMWU); and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) (collectively, ‘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.
Pursuant to s 53(2)(b) of the Act, I note the Agreement was made with the Unions and that the Agreement covers them.
Pursuant to s 201(2A) of the Act I note the Agreement covers the Unions.
The Employer has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s 191(1) of the Act, the undertakings are taken to be a term of the Agreement.
The Agreement is approved and, in accordance with s 54 of the Act, will operate from 25 September 2025. The nominal expiry date of the Agreement is 9 May 2028.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<AE530494 PR791882>
ANNEXURE A
- AGLC
- Construction, Forestry And Maritime Employees Union [2025] FWCA 3155
- Case
- [2025] FWCA 3155
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the agreement complied with the requirements of the Fair Work Act 2009. This included examining if the agreement contained all the necessary provisions and if it had been fairly negotiated. Additionally, the court needed to ensure that the agreement did not discriminate against any class of employees and that it provided adequate protections and benefits.
The court found that the agreement substantially complied with the requirements of the Fair Work Act. It contained all the necessary provisions and had been negotiated in good faith. The court was satisfied that the agreement did not unfairly discriminate against any class of employees and provided adequate protections and benefits. Based on these findings, the court approved the agreement, recognising its potential to facilitate fair and productive employment relations at the Perdaman Ceres Project.
The court ordered the approval of the Djeleanna Pty Ltd Perdaman Ceres Project Greenfields Agreement 2024, effective from the date of the court's decision. This decision allows the agreement to be implemented, governing the employment terms and conditions of the workers involved in the project.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.