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austlii:cth/FWCA/2026/814
General information, not legal advice.
FWCA
2026-03-30
Original judgment source is linked above.
The attached document replaces the document previously issued with the above code on Monday, 30 March 2026.
Updated agreement name to read 'Ridgebay Holdings Pty Ltd Alkimos Sea-Water Desalination Project Union Greenfields Agreement 2025'.
s.185 - Application for approval of a greenfields agreement
Construction, Forestry and Maritime Employees Union
RIDGEBAY HOLDINGS PTY LTD ALKIMOS SEA-WATER DESALINATION PROJECT UNION GREENFIELDS AGREEMENT 2025
Application for approval of the Ridgebay Holdings Pty Ltd Alkimos Sea-Water Desalination Project Union Greenfields Agreement 2025
[1] An application has been made for approval of a greenfields agreement known as the Ridgebay Holdings Pty Ltd Alkimos Sea-Water Desalination Project Union Greenfields Agreement 2025 (the Agreement). The application was made by the Construction, Forestry and Maritime Employees Union (the CFMEU) pursuant to s 185 of the Fair Work Act 2009 (Cth) (the Act).
[2] 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.
[3] In accordance with s 187(5)(a) of the Act, I am satisfied that the Construction, Forestry and Maritime Employees Union - Construction & General Division, Western Australia Divisional Branch the CFMEU), the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union of Workers (the AMWU), Communications, Electrical, Energy, Information, Postal, Plumbing and Allied Services Union of Australia - Electrical, Energy and Services Division, Western Australian Branch (the CEPU), and the Plumbing and Pipe Trades Employees Union (the PPTEU) (together, the organisations), 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.
[4] Pursuant to s 53(2)(b) of the Act, I note the Agreement was made with the organisations and that the Agreement covers them.
[5] Pursuant to s 201(2A) of the Act I note the Agreement covers the organisations.
[6] On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187 and 188 of the Act as are relevant to this application for approval have been met.
[7] I note that the following clauses in the Agreement appear to be inconsistent with the National Employment Standards (the NES):
(a) Clause 41.5(a) of the Agreement provides that employees must 'as soon as reasonably practicable advise the Employer of their inability to attend for work and the estimated duration of the absence; provided that such advice, other than in extraordinary circumstances shall be given to the Employer within one (1) hour of the commencement of absence.' The Agreement clause appears to provide a more stringent notice requirement than permitted by s 107(2)(a) of the Act, which provides that the notice must be given to the employer as soon as practicable (which may be a time after the leave has started); and
(b) Clause 45 of the Agreement provides for compassionate leave where a member of an employee's immediate family our household contracts/develops a personal illness/injury or dies. However, it does not provide for compassionate leave in the case of the stillbirth of a child or miscarriage per s 104 of the Act.
[8] However, I am satisfied that under clause 4.3 of the Agreement, the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
[9] The Agreement contains a delegates' rights term, as required by s 205A(1) of the Act; however, the clause is more restrictive and thus less favourable than the workplace delegates' rights term in the applicable awards. Accordingly, under s 205A(2) of the Act, Clause 40A of the Manufacturing and Associated Industries and Occupations Award 2020 and Clause 36A Building & Construction General Onsite Award 2020 are taken to be terms of the Agreement.
[10] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 6 April 2026. The nominal expiry date of the Agreement is 30 March 2030.
Printed by authority of the Commonwealth Government Printer