Aqua Metro Pty Ltd, Aqua Metro Engineering Services Pty Ltd trading as Aqua Metro Services

[2025] FWCA 2484

[2025] FWCA 2484

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210 - Application for approval of a variation of an enterprise agreement

Aqua Metro Pty Ltd, Aqua Metro Engineering Services Pty Ltd trading as Aqua Metro Services

(AG2025/2015)

AQUA METRO WORKS ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
DEPUTY PRESIDENT O'NEILL	MELBOURNE, 30 JULY 2025

Application for variation of the Aqua Metro Works Enterprise Agreement 2021

1. An application has been made for approval of a variation to the Aqua Metro Works Enterprise Agreement 2021. The application was made by Aqua Metro Pty Ltd and Aqua Metro Engineering Services Pty Ltd, trading as Aqua Metro Services pursuant to section 210 of the Fair Work Act 2009 (the Act).

1. The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision.

1. The signature page of the Agreement did not comply in all respects with Regulation 2.09A(2)(b)(i) of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to allow an amendment of a document relating to a matter before the FWC and do so pursuant to s.586(a) of the Act.

1. The following clauses appear to be inconsistent with the National Employment Standards (NES):

(a)   Deductions on termination: Clause 3.3.2(b)

(b)   Abandonment of employment: Clause 3.4

(c)   Termination on the grounds of serious misconduct: Clause 3.6

(d)   Cashing out annual leave: Clause 8.4

(e)   Annual leave in advance: Clause 6.1.13

(f)    Definition of immediate family/de facto partner: Clause 6.2.2

(g)   Carer’s leave: Clause 6.2.3, 6.2.6 and 6.2.10

(h)   Personal leave on RDOs: Clause 6.2.7

(i)     Compassionate leave: Clause 6.4

(j)     Community service leave: Clause 6.5.2

I note that in accordance with the NES precedence term in Clause 1.8(ii) of the Agreement, this clause will be read and interpreted in conjunction with the NES.

1. The Applicant has provided written undertakings. A copy of the undertakings is attached in Appendix 5 of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any affected employee for the variation and that the undertakings will not result in substantial changes to the variation. The undertakings are taken to be terms of the Agreement.

1. Subject to the undertakings, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

1. The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 14 February 2022. Those undertakings form part of the Agreement as varied and can be found in Appendix 4 of the Agreement.

1. The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

1. In accordance with s.216 of the Act, the variation operates from 30 July 2025.

DEPUTY PRESIDENT

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