s.185 - Enterprise agreement

BECHTEL CONSTRUCTION (AUSTRALIA) PTY LTD PLUTO TRAIN 2 AGREEMENT (2025)

Application for approval of the Bechtel Construction (Australia) Pty Ltd Pluto Train 2 Agreement (2025)

[1] An application has been made for approval of an enterprise agreement known as the Bechtel Construction (Australia) Pty Ltd Pluto Train 2 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 Bechtel Construction (Australia) Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 20 August 2025 and the Agreement was made on 21 December 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

[3] The Applicant expressed the view that the Agreement passes the Better Off Overall Test (BOOT) and provided a summary of why it expressed this view. Consistent with s.193A(3) of the Act I have given consideration to this view when determining whether the Agreement passes the BOOT. The Australian Workers' Union, who were a bargaining agent, did not express a view as to whether the Agreement passes the BOOT. The Construction, Forestry and Maritime Employees Union (Construction and General Division, WA Divisional Branch), the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, and the Communication, Electrical, Electronic, Energy, Information, Postal, plumbing and Allied Services Union of Australia expressed a view that the Agreement passes the BOOT.

[4] A potential BOOT issue was identified with respect to the redundancy provisions of the Agreement. However, the Applicant advises that employees would receive the entitlements in the Agreement plus their NES entitlements in a redundancy situation. On that basis I am satisfied that the issue does not arise.

[5] Given the decision of the Federal Court Full Court in Construction, Forestry and Maritime Employees Union v Australian Industry Group [2025] FCAFC 187, the Agreement delegates' rights term needed to be addressed. Pursuant to s.205A of the Act, I have inserted into the Agreement the new delegates' rights clause from the Building and Construction General On-site Award 2020 which was inserted by the Full Bench decision in [2026] FWCFB 5.

[6] 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.

[7] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[8] The Australian Workers' Union (AWU), Construction, Forestry and Maritime Employees Union (Construction and General Division, WA Divisional Branch) (CFMEU), Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU), and Communication, Electrical, Electronic, Energy, Information, Postal, plumbing and Allied Services Union of Australia (CEPU) each lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AWU, CFMEU, AMWU and CEPU.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 March 2026. The nominal expiry date of the Agreement is 13 March 2028.

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