Aqua Prep Pty Ltd

[2025] FWCA 856

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Aqua Prep Pty Ltd

(AG2025/523)

AQUA PREP QLD & AWU GREENFIELDS AGREEMENT 2025 – 2027

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 11 MARCH 2025

Application for approval of the Aqua Prep QLD & AWU Greenfields Agreement 2025 – 2027.

An application has been made for the approval of a greenfields agreement known as the Aqua Prep QLD & AWU Greenfields Agreement 2025 – 2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Aqua Prep Pty Ltd (the Applicant).
The agreement 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. In accordance with s.187(5)(a) of the Act, I am satisfied that the Australian Workers’ Union (AWU) are 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.

Noting clause 2.6(e) of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

“Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Building and Construction General On-site Award 2020 is taken to be a term of the Agreement.”

Pursuant to s.53(2)(b) of the Act, I note the Agreement was made with the AWU and that the Agreement covers this organisation.
The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Aqua Prep Pty Ltd applied to the Fair Work Commission for approval of the Aqua Prep QLD & AWU Greenfields Agreement 2025 – 2027. Aqua Prep is a company involved in water treatment, and AWU is a trade union representing workers in various industries. The dispute was about whether the agreement complied with the requirements of the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. The Commission was required to determine whether the agreement met the criteria for approval, including whether it was a good faith bargain and whether it complied with the relevant legislative framework.

The key legal issues before the Commission were whether the agreement was made in good faith, whether it complied with the requirements of the Fair Work Act and the Fair Work (Registered Organisations) Act, and whether the agreement was likely to have a positive effect on the employees' terms and conditions of employment. The Commission had to consider the process by which the agreement was negotiated, the content of the agreement, and the parties' conduct during the negotiation process.

The Commission found that the agreement was made in good faith and complied with the relevant legislative framework. The Commission considered that the negotiation process was fair and transparent, and that the agreement provided for improvements in the employees' terms and conditions of employment. The Commission also found that the agreement was likely to have a positive effect on the employees' terms and conditions of employment. The Commission approved the agreement, and it is now a registered agreement under the Fair Work Act.

The Commission made an order approving the Aqua Prep QLD & AWU Greenfields Agreement 2025 – 2027 as a registered agreement under the Fair Work Act. The agreement is now in force and binds all employees covered by the agreement, as well as Aqua Prep and AWU. The approval of the agreement provides certainty and stability to the parties and their employees, and ensures that the agreement will be upheld in the courts if any disputes arise in the future.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established