Application by CFMEU (105N)
Citation: [2026] FWCA 2307
What happened
The CFMEU applied for approval of the NEPEAN Power Pty Ltd Perdaman Ceres Project Greenfields Agreement 2024. This agreement covers employees in the building, metal, and civil construction industries. The agreement was made with the Australian Manufacturing Workers’ Union (AMWU), Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), and CFMEU. The agreement covers work to be performed on the Perdaman Ceres Project.
What was decided
The Fair Work Commission approved the greenfields agreement. Deputy President Bell found the agreement met the requirements of several sections of the Fair Work Act 2009, including s.172(2)(b). The Commission was satisfied that the AMWU, CEPU, and CFMEU represent the industrial interests of a majority of employees covered by the agreement. The agreement will operate from September 1, 2026, and expire on May 9, 2028. As the Deputy President stated, 'I am also satisfied that it is in the public interest to approve the Agreement.'
What it means for employers
Employers entering into greenfields agreements must ensure they comply with the requirements of the Fair Work Act 2009, particularly sections relating to union representation and public interest. Agreements should clearly define the scope of work and expiry dates.
What it means for employees
Employees covered by the agreement will be represented by the AMWU, CEPU, and CFMEU. The agreement provides terms and conditions of employment for work on the Perdaman Ceres Project.
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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