Acciona Energy Australia Global Pty Ltd T/A Acciona Energy Summary

[2021] FWCA 6339

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Acciona Energy Australia Global Pty Ltd T/A Acciona Energy
(AG2021/7813)

ACCIONA ENERGY ENTERPRISE AGREEMENT 2021

Electrical power industry
COMMISSIONER CIRKOVIC	MELBOURNE, 19 OCTOBER 2021

Application for approval of the ACCIONA Energy Enterprise Agreement 2021

[1] Acciona Energy Australia Global Pty Ltd (the Applicant) has made an application for approval of an enterprise agreement known as the ACCIONA Energy Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 18 October 2021.

[3] 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 the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[4] I am 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 1 July 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Acciona Energy Australia Global Pty Ltd, trading as Acciona Energy, applied to the Fair Work Commission for approval of the Acciona Energy Enterprise Agreement 2021. The application was made under the Fair Work Act 2009, and the dispute arose in the context of the proposed enterprise agreement between the applicant and its employees. The applicant sought to have the agreement registered as a modern award by the Commission.

The legal issues before the Commission were primarily concerned with whether the proposed enterprise agreement complied with the requirements of the Fair Work Act and the Fair Work Regulations. Specifically, the Commission had to determine if the agreement met the "better off overall test" as required by section 231 of the Act. This test requires that the terms of the agreement provide employees with a minimum of the relevant award terms and provide them with no less than the minimum rate of pay and no less than the minimum conditions set out in the relevant award. Additionally, the Commission needed to consider whether the agreement allowed for proper consultation and negotiation between the parties, and if the agreement was made in good faith.

In assessing the application, the Commission considered the evidence provided by both parties and examined the terms of the proposed agreement against the relevant award provisions. The Commission found that the agreement provided employees with terms that were at least as favourable as those provided in the relevant award and met the better off overall test. The Commission also determined that the agreement had been made in good faith and that there had been adequate consultation and negotiation between the parties. As a result, the Commission approved the application and registered the Acciona Energy Enterprise Agreement 2021 as a modern award.

The final orders of the Commission were that the Acciona Energy Enterprise Agreement 2021 be approved and registered as a modern award, effective from the date of the decision. The agreement was to apply to the employees covered by the relevant award and would supersede any previous enterprise agreements in place. The Commission also noted that the agreement would remain in effect until terminated or varied in accordance with the provisions of the Fair Work Act.

Acciona Energy Australia Global Pty Ltd T/A Acciona Energy

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established