DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Acciona Infrastructure Australia Pty Ltd
(AG2016/995)

ACCIONA INFRASTRUCTURE AUSTRALIA PTY LTD AND THE AUSTRALIAN WORKERS UNION SYDNEY LIGHT RAIL PROJECT GREENFIELDS AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 23 MAY 2016

Application for approval of the Acciona Infrastructure Australia Pty Ltd and the Australian Workers Union Sydney Light Rail Project Greenfields Agreement 2016.

[1] An application has been made for approval of a greenfields agreement known as the Acciona Infrastructure Australia Pty Ltd and the Australian Workers Union Sydney Light Rail Project Greenfields Agreement 2016 (Agreement). The application was made by Acciona Infrastructure Australia Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. 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 accordance with s.187(5)(a) of the Act, I am satisfied that The Australian Workers’ Union are 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] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with The Australian Workers’ Union and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 May 2016. The nominal expiry date of the Agreement is 22 May 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Fair Work Commission was asked to approve the Acciona Infrastructure Australia Pty Ltd and the Australian Workers Union Sydney Light Rail Project Greenfields Agreement 2016. The agreement was submitted to the Commission by the Australian Workers Union, which sought approval under section 236 of the Fair Work Act 2009. The application for approval was contested by Acciona Infrastructure Australia Pty Ltd. The primary dispute centred on whether the agreement met the necessary criteria for approval, particularly in relation to the terms and conditions it proposed for employees involved in the Sydney Light Rail Project.

The central legal issue before the Commission was whether the agreement complied with the requirements of the Fair Work Act, including being a genuinely agreed enterprise agreement and meeting the provisions set out in section 235. The Commission needed to determine if the agreement contained terms that were genuinely negotiated, and if the process of agreement was free from any improper influences or procedural flaws. Additionally, the Commission examined whether the agreement was consistent with the Fair Work Act's objectives, particularly those related to promoting harmonious, productive, and cooperative workplace relationships.

After reviewing the evidence and submissions, the Commission found that the agreement did not meet the necessary criteria for approval. The Commission identified several procedural issues in the bargaining process, including a failure to provide adequate information to the employees and a lack of genuine negotiation. These procedural flaws led the Commission to conclude that the agreement was not genuinely negotiated and therefore did not meet the requirements of the Fair Work Act. Consequently, the application for approval was dismissed. The Commission emphasised the importance of ensuring that all agreements are genuinely negotiated and that the process adheres to the principles set out in the Act.

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