Application by CFMEU (105N)
Citation: [2026] FWCA 2042
What happened
The CFMEU applied for approval of the TEC Services Australia Pty Ltd Perdaman Ceres Project Greenfields Agreement 2024. This agreement covers employees in the building, metal, and civil construction industries working on the Perdaman Ceres Project. The agreement was made with the CFMEU, AMWU, and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. TEC Services Australia Pty Ltd is the employer covered by the agreement. The Commission sought and received written undertakings from the applicant, which were not objected to.
What was decided
The Fair Work Commission approved the TEC Services Australia Pty Ltd Perdaman Ceres Project Greenfields Agreement 2024. Commissioner Matheson was satisfied the agreement met the requirements of the Fair Work Act 2009. The agreement will operate from August 25, 2026, and expire on May 9, 2028. Any inconsistencies between the agreement and the National Employment Standards (NES) will be resolved in favour of the NES. The Commission noted the agreement covers the involved unions.
What it means for employers
Employers entering into greenfields agreements must ensure they meet the requirements of the Fair Work Act. Providing written undertakings and addressing potential inconsistencies with the National Employment Standards is crucial for approval. The agreement will operate from 25 August 2026, and expire on May 9, 2028.
What it means for employees
Employees covered by the agreement will benefit from the terms negotiated by the CFMEU, AMWU, and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. Where the agreement conflicts with the National Employment Standards, the more beneficial entitlements of the NES will apply.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections