DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Acciona Energy Australia Global Pty Ltd T/A Acciona Energy
(AG2016/2007)

ACCIONA ENERGY ENTERPRISE AGREEMENT 2015

Electrical power industry
COMMISSIONER CIRKOVIC	MELBOURNE, 3 FEBRUARY 2016

Application for approval of the ACCIONA Energy Enterprise Agreement 2015.

[1] On 4 January 2016, Acciona Energy Australia Global Pty Ltd (Applicant) made an application for approval of the ACCIONA Energy Enterprise Agreement 2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

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

[5] The Agreement is approved. In accordance with s.54 of the Act the Agreement will operate from 10 February 2016. The nominal expiry date of the Agreement is 1 July 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Acciona Energy Australia Global Pty Ltd trading as Acciona Energy, applied for approval of the Acciona Energy Enterprise Agreement 2015. The applicant is a large employer in the energy sector, and the dispute pertains to the terms and conditions of employment for the applicant's employees as outlined in the proposed enterprise agreement. The matter was heard by Deputy President K.A. Kelly, who was tasked with determining whether the agreement met the statutory criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Deputy President was whether the proposed agreement complied with the requirements set out in the Fair Work Act. Specifically, the Deputy President needed to determine if the agreement was a "better off overall test" (BOOT) compliant agreement. This test requires that employees under the agreement be no worse off financially than they would be under their previous terms of employment or applicable award provisions. Additionally, the Deputy President needed to consider whether the agreement contained all the prescribed terms and was appropriately certified by the relevant independent umpire.

In delivering the decision, Deputy President Kelly examined the provisions of the agreement and found that it met the BOOT criteria. The Deputy President concluded that the proposed agreement provided employees with improved conditions, including better wages and conditions, compared to their previous terms or applicable award provisions. The Deputy President also confirmed that the agreement contained all the necessary prescribed terms and had been appropriately certified. Based on these findings, the Deputy President approved the Acciona Energy Enterprise Agreement 2015.

In light of the approval, the Deputy President issued an order approving the Acciona Energy Enterprise Agreement 2015, effective from the date of the decision. The agreement is now registered and will govern the employment conditions of the relevant employees.

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