ACCIONA Construction Australia Pty Ltd

[2024] FWCA 4592

[2024] FWCA 4592

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

ACCIONA Construction Australia Pty Ltd

(AG2024/4816)

ACCIONA CONSTRUCTION AUSTRALIA EMU PLAINS PRECAST & SUPPORT FACILITY GREENFIELDS AGREEMENT 2024-2028

Manufacturing and associated industries
COMMISSIONER SLOAN	SYDNEY, 19 DECEMBER 2024

Application for approval of the ACCIONA Construction Australia Emu Plains Precast & Support Facility Greenfields Agreement 2024 – 2028

1. ACCIONA Construction Australia Pty Ltd (“Employer”) has applied for approval of a greenfields agreement known as the ACCIONA Construction Australia Emu Plains Precast & Support Facility Greenfields Agreement 2024-2028 (“Agreement”). The application is made under s 185 of the Fair Work Act 2009 (“Act”).

2. The Agreement was made on 25 November 2024 between the Employer and the Australian Workers’ Union (“AWU”).

3. One relatively minor matter arises from the terms of the Agreement. Clause 7.9(f) suggests that substitution of public holidays is only possible by agreement between the Employer and “a majority of the affected Employees”. This is to be contrasted with the language of s 115(3) of the Act, which allows for an enterprise agreement to include terms providing for “an employer and employee” (noting the singular) to agree on the substitution of public holidays. That said, clauses 2.7(e) and (f) require the Agreement to be read in conjunction with the National Employment Standards. This should ensure that clause 7.9(f) is not applied in a manner contrary to the NES.

4. I am satisfied that:

   a) the Agreement meets the requirements of s 172(2)(b) of the Act;

b)each of the requirements of ss 186 and 187 of the Act as are relevant to the application for approval have been met. In particular, I am satisfied that:

i.the AWU is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work to be performed under it; and

ii.it is in the public interest to approve the Agreement.

1. For the purposes of s 53(2)(b) of the Act, I note that the Agreement covers the AWU.

2. The Agreement is approved. In accordance with s 54 of the Act, the Agreement will operate from 26 December 2024. The nominal expiry date of the Agreement is 1 October 2028.

COMMISSIONER

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