ACCIONA Construction Australia Pty Ltd
[2024] FWCA 2924
•9 AUGUST 2024
| [2024] FWCA 2924 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement
ACCIONA Construction Australia Pty Ltd
(AG2024/2655)
ACCIONA CONSTRUCTION AUSTRALIA AND AWU & ETU NSW TRANSMISSION ENTERPRISE AGREEMENT 2024 – 2028.
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT ROBERTS | SYDNEY, 9 AUGUST 2024 |
Application for approval of the ACCIONA Construction Australia and AWU & ETU NSW Transmission Enterprise Agreement 2024 – 2028.
Application for approval of the ACCIONA Construction Australia and AWU & ETU NSW Transmission Enterprise Agreement 2024 – 2028.
An application has been made for approval of an enterprise agreement known as the ACCIONA Construction Australia and AWU & ETU NSW Transmission Enterprise Agreement 2024 – 2028 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by ACCIONA Construction Pty Ltd (the Applicant). The Agreement is a greenfields enterprise agreement.
The Applicant has provided written undertakings (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
I note clause 2.5d of the Agreement and 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.
The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied services Union of Australia (CEPU) and the Australian Workers’ Union (AWU) lodged a Form F21 statutory declaration as required by Rule 33(4) of the Fair Work Commission Rules 2024.
The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 6 August 2028.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE525738 PR778157>
ANNEXURE A
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