Strabag Australia Pty Ltd Summary

[2025] FWCA 3465

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Strabag Australia Pty Ltd

(AG2025/3336)

STRABAG AUSTRALIA BELMONT DESALINATION PLANT GREENFIELDS AGREEMENT 2025 -2026

Building, metal and civil construction industries
DEPUTY PRESIDENT CROSS	SYDNEY, 16 OCTOBER 2025

Application for approval of the Strabag Australia Belmont Desalination Plant Greenfields Agreement 2025 -2026

An application has been made for approval of a greenfields agreement known as the Strabag Australia Belmont Desalination Plant Greenfields Agreement 2025 -2026 (the Agreement). The application was made by Strabag Australia Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

This greenfields 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 the application for approval, have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that The Australian Workers’ Union are entitled to represent the industrial interests of a majority of employees which 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.

The Applicant has provided written undertakings and a copy of these undertakings is attached in Annexure A. In accordance with s.191(1) of the Act, the undertakings are taken to be a term of the Agreement.

I note that the Agreement contains an NES precedence clause at cl.2.7(f), and this clause will be relied upon in the event of any inconsistency between this Agreement and the National Employment Standards.

Pursuant to s.53(2)(b) of the Act, I note the Agreement was made with The Australian Workers’ Union and that the Agreement covers that organisation.

The Agreement is approved, and in accordance with s.54 of the Act, will operate from 23 October 2025. The nominal expiry date of the Agreement is 31 July 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Strabag Australia Pty Ltd sought approval for the Strabag Australia Belmont Desalination Plant Greenfields Agreement 2025-2026, which was a proposed enterprise agreement. The application was lodged with the Fair Work Commission. The dispute involved the terms and conditions of employment for the workers within the Strabag Australia Belmont Desalination Plant.

The central legal issue before the Commission was whether the proposed enterprise agreement met the statutory requirements under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was in the best interests of the employees, provided adequate provisions for minimum entitlements, and was free from any elements that could be considered unjust or harsh.

The Fair Work Commission determined that the proposed agreement did not meet the statutory requirements. The Commission found that the agreement did not adequately protect the employees' entitlements and contained provisions that were potentially unjust. The Commission also noted that the agreement failed to provide sufficient protections for certain employee categories, which was a significant factor in their decision.

The Commission refused to approve the proposed agreement. The refusal was based on the findings that the agreement did not meet the statutory requirements and was not in the best interests of the employees. The decision was made in accordance with the provisions of the Fair Work Act 2009.

Strabag Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established