Aqua Prep Pty Ltd

[2025] FWCA 856

[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.

1. 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).

2. 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.

1. 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.

1. “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.”

1. 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.

2. The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE528293  PR785049>