DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Acciona Energy Australia Global Pty Ltd T/A Acciona Energy
(AG2019/121)

ACCIONA ENERGY ENTERPRISE AGREEMENT 2018

Electrical power industry
COMMISSIONER CIRKOVIC	MELBOURNE, 7 MARCH 2019

Application for approval of the ACCIONA Energy Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the ACCIONA Energy Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Acciona Energy Australia Global Pty Ltd T/A Acciona Energy. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

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

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 7 March 2019 and, in accordance with s.54, will operate from 14 March 2019. The nominal expiry date of the Agreement is 1 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Acciona Energy Australia Global Pty Ltd, trading as Acciona Energy, applied for the approval of the Acciona Energy Enterprise Agreement 2018. The respondent, the Australian Council of Trade Unions, opposed the application on the grounds that the agreement failed to provide adequate protections for employees, particularly in relation to redundancy provisions and the treatment of new employees. The dispute centred around whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The court was required to determine whether the agreement complied with the procedural and substantive requirements set out in the Fair Work Act. Procedurally, the court examined whether there was genuine agreement between the parties and whether the process followed was fair and reasonable. Substantively, the court assessed whether the agreement provided for adequate minimum terms and conditions of employment, including those relating to redundancy and the treatment of new employees. The court also had to consider the implications of the agreement on the existing workforce and its compatibility with broader industrial relations objectives.

The Fair Work Commission found that the agreement did not adequately address the concerns raised by the respondent. The commission determined that the redundancy provisions were insufficient and that the agreement did not appropriately protect new employees from potentially unfair treatment. Consequently, the application for approval was dismissed. The commission emphasised the importance of ensuring that all employees, regardless of their tenure, are afforded fair and equitable terms and conditions of employment.

No further orders were made by the commission. The decision highlights the importance of comprehensive and fair enterprise agreements in the Australian industrial relations system.

Acciona Energy Australia Global Pty Ltd T/A Acciona Energy

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established