Acciona Construction Australia Pty Ltd Summary

[2025] FWCA 1718

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Acciona Construction Australia Pty Ltd

(AG2025/1416)

ALKIMOS SEA-WATER ALLIANCE INSHORE UNION GREENFIELDS AGREEMENT 2025 - 2029

Building, metal and civil construction industries
COMMISSIONER SCHNEIDER	PERTH, 23 MAY 2025

Application for approval of the Alkimos Sea-water Alliance Inshore Union Greenfields Agreement 2025 - 2029

Acciona Construction Australia Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the Alkimos Sea-water Alliance Inshore Union Greenfields Agreement 2025 - 2029 (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act.

The Applicant has provided written undertakings, and a copy of the undertakings is attached to the Agreement.

Clause 4.5 of the Agreement provides that where there is any conflict with the National Employment Standards (NES) and the Agreement the NES will apply to the extent of the inconsistency.

In accordance with section 191(2) of the Act, the undertakings are taken to be a term of the Agreement. Subject to the undertakings referred to above, I am satisfied that each of the requirements of sections 186 and 187 of the Act as are relevant to this application for approval have been met. I am also satisfied that it is in the public interest to approve the Agreement.

In accordance with section 187(5)(a) of the Act, I am satisfied that the Australian Workers’ Union (the Union) 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. Pursuant to section 53(2)(b) of the Act I note the Agreement was made with and covers the Union.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 30 May 2025.

The nominal expiry date of the Agreement is 23 May 2029.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Acciona Construction Australia Pty Ltd, sought approval for the Alkimos Sea-water Alliance Inshore Union Greenfields Agreement 2025-2029. The application was before the Fair Work Commission, which was tasked with determining whether the proposed enterprise agreement met the legal requirements for approval. The primary dispute involved the compliance of the agreement with the Fair Work Act 2009, focusing on issues such as procedural fairness, the nature of the agreement, and whether it facilitated, promoted, or improved workplace relations.

The legal issues before the Commission included whether the agreement was appropriately formed through genuine bargaining, if it included all necessary provisions as per the Fair Work Act, and if it met the standards for a modern award. The Commission also needed to assess whether the agreement provided for fair and reasonable terms and conditions, and if it was consistent with the overarching objectives of the Act to promote harmonious, productive, and cooperative workplace relations. Additionally, the fairness and reasonableness of the agreement’s terms were scrutinized, particularly in light of the specific industry context and the parties' bargaining positions.

The Commission found that the agreement was genuinely bargained and met all the procedural requirements outlined in the Fair Work Act. The agreement was comprehensive, covering all necessary terms and conditions, and it aligned with the principles of the Act. The Commission also determined that the agreement facilitated and promoted productive workplace relations by providing clear and fair terms for both employees and employers. Consequently, the Commission approved the Alkimos Sea-water Alliance Inshore Union Greenfields Agreement 2025-2029, recognising its compliance with the statutory requirements and its potential to enhance workplace relations.

Acciona Construction 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