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austlii:cth/FWCA/2025/3420
General information, not legal advice.
FWCA
2025-10-10
Original judgment source is linked above.
The attached document replaces the document previously issued with the above code on 10 October 2025.
The title of the Agreement has been amended from "Power Down Under Alkimos Sea-Water Alliance Inshore Tunnel Union Enterprise Agreement 2025 - 2029" to "Power Down Under Alkimos Sea-Water Alliance Inshore Tunnel Enterprise Agreement 2025 - 2029" for consistency with the Clause 1 of the Agreement.
s.185 - Enterprise agreement
Power Down Under Pty Ltd Trading AS Power Down Under
POWER DOWN UNDER ALKIMOS SEA-WATER ALLIANCE INSHORE TUNNEL ENTERPRISE AGREEMENT 2025 - 2029
Application for approval of the Power Down Under Alkimos Sea-Water Alliance Inshore Tunnel Enterprise Agreement 2025 - 2029
[1] Power Down Under Pty Ltd (the Applicant) has made an application, under section 185 of the Fair Work Act 2009 (Cth) (the Act), for the approval of a single enterprise agreement known as the Power Down Under Alkimos Sea-Water Alliance Inshore Tunnel Enterprise Agreement 2025 - 2029 (the Agreement).
[2] The Applicant has provided a written undertaking. A copy of the undertaking is attached to the Agreement. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.
[3] In compliance with section 190(4) of the Act, the bargaining representative's views regarding the undertaking proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered. No objection was raised.
[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.
[5] Clause 4.3 of the Agreement provides that where there is any conflict with the National Employment Standards (NES) and the Agreement the NES will apply to the extent of the inconsistency.
[6] Pursuant to section 202(4) of the Act, the model flexibility term prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement.
[7] The Australian Workers' Union (the Union), being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with section 201(2) of the Act, and based on the declaration provided, I confirm that the Union is covered by the Agreement.
[8] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 17 October 2025. The nominal expiry date of the Agreement is 10 October 2029.
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