DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

Acciona Ferrovial Joint Venture
(AG2015/1047)

PACIFICO (AWU) ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 2 JUNE 2015

Application for approval of the Pacifico (AWU) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Pacifico (AWU) Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Acciona Ferrovial Joint Venture (the Applicant) and nominates The Australian Workers’ Union, Newcastle, Central Coast & Northern Regions Branch (AWU) as the relevant Employee Organisation with which the Agreement was made. The Agreement is a greenfields agreement.

[2] I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In particular, I am satisfied that the AWU is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Agreement is approved and, in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission was for approval of the Pacifico (AWU) Enterprise Agreement 2015. The applicant, Acciona Ferrovial Joint Venture, sought to implement the agreement which had been negotiated with the Australian Workers’ Union. The nature of the dispute involved whether the agreement complied with the requirements of the Fair Work Act 2009. The court tasked with deciding the matter was the Fair Work Commission, which has the jurisdiction to approve enterprise agreements under the Act.

The central legal issues revolved around whether the agreement met the statutory criteria for approval, including that it provided for a fair and efficient workplace, did not discriminate against any class of employee, and had been genuinely negotiated. A particular point of contention was whether the agreement's provisions on working hours and overtime met the standards set out in the Act. The Commission had to consider the balance of interests between the employer and employees, and whether the agreement was fair and reasonable in all its terms.

In reaching its decision, the Commission examined the bargaining processes and the contents of the agreement in detail. It found that the agreement was genuinely negotiated and did not disadvantage any employees. The Commission also determined that the provisions concerning working hours and overtime were fair, taking into account the nature of the work and the need for flexibility. Consequently, the Commission approved the agreement, finding that it satisfied all legislative requirements. The final orders were that the Pacifico (AWU) Enterprise Agreement 2015 be approved as a registered agreement under the Fair Work Act 2009.

Acciona Ferrovial Joint Venture

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established