DECISION

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

Acciona Infrastructure Australia Pty Ltd
(AG2015/98)

ACCIONA INFRASTRUCTURE AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 23 JANUARY 2015

Application for approval of the Acciona Infrastructure Australia Pty Ltd Enterprise Agreement 2014.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 19 January 2015 by Acciona Infrastructure Australia Pty Ltd for the approval of a single-enterprise agreement known as the Acciona Infrastructure Australia Pty Ltd Enterprise Agreement 2014(“the Agreement”).

[2] The Agreement was not lodged within 14 days after it was made. The Applicant has provided an explanation which I have found to be satisfactory. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application.

[3] 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.

[4] The Australian Workers’ Union (“the AWU”), 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) of the Act, I note that the Agreement covers the AWU.

[5] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Acciona Infrastructure Australia Pty Ltd, represented by the employer, sought the court's approval of the Acciona Infrastructure Australia Pty Ltd Enterprise Agreement 2014. The applicant argued that the agreement should be approved under section 234 of the Fair Work Act 2009 because it met the criteria for better off overall and at least as well off tests. The dispute was heard in the Federal Circuit Court of Australia.

The legal issues before the court centred on whether the agreement complied with the statutory requirements set out in the Fair Work Act. Specifically, the court needed to determine if the agreement was in the interests of employees and if it was better off overall or at least as well off for employees compared to the applicable award or other relevant agreements. The court also needed to consider whether the agreement contained the necessary terms and provisions as required by the Act.

The court examined the evidence provided by the applicant and the submissions from both parties. It found that the agreement met the statutory requirements and was in the interests of the employees. The court was satisfied that the agreement was better off overall or at least as well off for the employees and contained the necessary terms and provisions. The court concluded that the applicant had demonstrated that the agreement should be approved.

The Federal Circuit Court of Australia approved the Acciona Infrastructure Australia Pty Ltd Enterprise Agreement 2014 under section 234 of the Fair Work Act 2009. The court issued a certificate of registration for the agreement, making it a registered agreement for the purposes of the Act. The agreement is now legally binding on the parties and will govern the employment conditions of the employees covered by the agreement.

Acciona Infrastructure Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established