Application for approval of the Alkimos Sea-Water Desalination Plant Project Onshore Union Greenfields Agreement 2025

[1] An application has been made for approval of a greenfields agreement known as the Alkimos Sea-Water Desalination Plant Project Onshore Union Greenfields Agreement 2025 (the Agreement). The application was made by Mizco Pty Ltd 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the CEPU) is 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 organisation and that the Agreement covers it.

[5] Pursuant to s 201(2A) of the Act I note the Agreement covers the CEPU.

[6] 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.

[7] I note that the following clauses in the Agreement appear to be inconsistent with the National Employment Standards (the NES):

1. Clause 41.5(a) 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).
2. Clause 45 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] Pursuant to s 202(4) 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.

[10] 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 award. Accordingly, under s 205A(2) of the Act, Clause 26A of the Electrical, Electronic and Communications Contracting Award 2020 is taken to be a term of the Agreement.

[11] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 6 March 2026. The nominal expiry date of the Agreement is 27 February 2030.

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