Acciona Energy Australia Global Pty Ltd Summary

[2025] FWCA 10

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Acciona Energy Australia Global Pty Ltd

(AG2024/4999)

ACCIONA ENERGY ENTERPRISE AGREEMENT 2024

Electrical power industry
DEPUTY PRESIDENT O’NEILL	MELBOURNE, 2 JANUARY 2025

Application for approval of the Acciona Energy Enterprise Agreement 2024

Acciona Energy Australia Global Pty Ltd has applied for approval of an enterprise agreement known as the Acciona Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

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.

I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

·34.2(a), 32.2(a)

However, noting clause 6 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 January 2024. The nominal expiry date of the Agreement is 1 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Acciona Energy Australia Global Pty Ltd sought approval for the Acciona Energy Enterprise Agreement 2024. The dispute centred around the validity and fairness of the proposed agreement which outlined terms and conditions for the employees of the company. The Commission was tasked with determining whether the agreement met the necessary legislative standards for endorsement.

The primary legal issues addressed by the Commission involved whether the agreement was genuinely negotiated, if it complied with the Fair Work Act 2009, and whether it was procedurally fair. The Commission also had to assess if the agreement met the requirements of the "better-off-overall test", ensuring that no employee was worse off financially under the new agreement.

Upon examining the evidence and submissions, the Commission found that the agreement had been genuinely negotiated and complied with all relevant legislative requirements. The Commission was satisfied that the process followed was procedurally fair, and that employees were not worse off overall. The Commission approved the agreement, acknowledging its alignment with the Fair Work Act 2009 and its fairness in terms of employee protections and benefits.

The Fair Work Commission approved the Acciona Energy Enterprise Agreement 2024, endorsing it as compliant with the statutory requirements and fair to the employees of Acciona Energy Australia Global Pty Ltd.

Acciona Energy Australia Global Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established