CONNECT PEOPLE MELBOURNE WATER CAPITAL WORKS PROGRAM ENTERPRISE AGREEMENT 2025 -2029

Application for approval of the Connect People Melbourne Water Capital Works Program Enterprise Agreement 2025 -2029

[1] An application has been made for approval of an enterprise agreement known as the Connect People Melbourne Water Capital Works Program Enterprise Agreement 2025 -2029 (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] Section 205A(2) has the effect that if an Agreement contains a delegates' rights term that is inferior to the delegates' rights term in the relevant Modern Award(s), the most favourable term of the relevant Modern Award(s) is "taken to be a term of the Agreement" under s 205A(2)(b). The inferior delegates' rights term in the Agreement is rendered a nullity and of "no effect" under s 205A(2)(a).

[3] The delegates' rights term of the relevant Award, being clause 36A of the Building and Construction General On-site Award 2020 (the Award), is incorporated at clause 5.1.

[4] Section 205A(3) provides "if the delegates' rights term of a modern award is taken to be a term of an enterprise agreement, the term does not change if the modern award changes". The Agreement was made on 28 November 2025, which is before the determination in PR795820[1] was issued on 23 January 2026 varying the Award. The version of clause 36A of the Award prior to 23 January 2026 is incorporated into the Award. That term is less favourable than the current version of clause 36A as varied by the Full Bench. Pursuant to s 205A(2) of the Act, clause 36A of the Award is taken to be a term of the Agreement.

[5] I note that the following provision is likely to be inconsistent with the National Employment Standards:

• Clause 45 - Compassionate Leave

[6] However, noting clause 5.3 of the Agreement, I am satisfied the more beneficial entitlements of the National Employment Standards will prevail where there is an inconsistency with the Agreement.

[7] I am satisfied that each of the requirements of sections 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

[8] The Australian Workers' Union being a bargaining representative for the Agreement has given notice under section 183 of the Act that it wants the Agreement to cover it. I therefore note the Agreement covers the organisation under section 201(2) of the Act.

[9] The Agreement is approved today 13 February 2026. It will operate from 20 February 2026 as required by section 54 of the Act. The nominal expiry date is 28 February 2029.

[1] Following the decision in Variation of modern awards to include a delegates' rights term [2026] FWCFB 5.

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