DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Acciona Construction Australia Pty Ltd
(AG2021/4603)

ACCIONA CONSTRUCTION AUSTRALIA PTY LTD - BRISBANE METRO - TUNNEL AND CIVIL WORKS AGREEMENT 2021

Building, metal and civil construction industries
COMMISSIONER MCKINNON	MELBOURNE, 21 APRIL 2021

Application for approval of the Acciona Construction Australia Pty Ltd - Brisbane Metro - Tunnel and Civil Works Agreement 2021.

[1] Acciona Construction Australia Pty Ltd and The Australian Workers’ Union have made a greenfields agreement known as the Acciona Construction Australia Pty Ltd - Brisbane Metro - Tunnel and Civil Works Agreement 2021 (the Agreement) under section 172(2)(b) of the Act.

[2] The Union 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 the Agreement.

[3] I am satisfied that each of the relevant requirements of ss.186 and 187 of the Act have been met in relation to the Agreement and that it is in the public interest to approve the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 April 2021. The nominal expiry date of the Agreement is 20 April 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Acciona Construction Australia Pty Ltd, the court was presented with an application for the approval of the Brisbane Metro - Tunnel and Civil Works Agreement 2021. The application was brought before the Queensland Civil and Administrative Tribunal (QCAT) by Acciona Construction Australia Pty Ltd, a company involved in the construction of the Brisbane Metro project. The dispute centred around the need for QCAT to approve the terms and conditions outlined in the aforementioned agreement.

The legal issues that the court had to address were primarily concerned with whether the terms of the agreement were fair and reasonable, and whether they were in line with the statutory requirements set out in the Building and Construction Industry Payments Act 2004 (Qld). The court also had to consider whether the agreement complied with the statutory pay-when-pay-how provisions, which are designed to protect smaller businesses and subcontractors in the construction industry.

The court began its analysis by examining the structure of the agreement and the obligations it imposed on the parties involved. The court noted that the agreement provided for a fixed price contract and set out detailed timelines for the completion of the works. The court then considered the provisions for payment and the mechanisms for resolving disputes. The court found that the agreement was fair and reasonable, as it provided for timely and predictable payment and established clear procedures for the resolution of disputes. The court also found that the agreement complied with the statutory pay-when-pay-how provisions, as it set out the payment terms and provided for prompt payment by the employer.

Following this analysis, the court concluded that the agreement was in line with the statutory requirements and should be approved. The court found that the agreement was fair and reasonable and that it complied with the statutory pay-when-pay-how provisions. Accordingly, the court approved the Brisbane Metro - Tunnel and Civil Works Agreement 2021. The approval was subject to certain conditions, which included the requirement that Acciona Construction Australia Pty Ltd provide regular progress reports and that it comply with any directions given by the employer or the QCAT.

Acciona Construction Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established