[1] An application has been made for approval of an enterprise agreement known as the CPB Projects Pty Ltd RAAF Learmonth Project Agreement 2026 (the Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by CPB Projects Pty Ltd.

[2] This is a Greenfields agreement that meets the requirements of section 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 Construction, Forestry and Maritime Employees Union (CFMEU) and the Australian Workers Union (AWU) 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.

[3] Pursuant to s.205A(2) of the Act, the workplace delegates' rights term prescribed by the Building and Construction General Onsite Award is taken to be a term of the Agreement.

[4] The Agreement does not contain a consultation term that meets the requirements of the Act. Under s 202(4) and Clause 107 of Schedule 1 of the Act, the model consultation term as prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement.

[5] I note that Clauses 11.2(f) and 24(g) may be inconsistent with the National Employment Standards_._ However, given the National Employment Standards precedence clause contained in Clause 5(e) of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail in the event of any inconsistency.

[6] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the CFMEU and the AWU and that the Agreement covers these organisations.

[7] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 7 days after approval. The nominal expiry date of the Agreement is 2 March 2030.

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