Acciona Infrastructure Projects Australia Pty Ltd

[2022] FWCA 2050

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Acciona Infrastructure Projects Australia Pty Ltd

(AG2022/1890)

Acciona Infrastructure Projects Australia Victorian Civil Enterprise Agreement 2022

Building, metal and civil construction industries
COMMISSIONER MIRABELLA	MELBOURNE, 22 JUNE 2022

Application for approval of the Acciona Infrastructure Projects Australia Victorian Civil Enterprise Agreement 2022.

Acciona Infrastructure Projects Australia Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Acciona Infrastructure Projects Australia Victorian Civil Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188, as are relevant to this application for approval, have been met.

The Construction, Forestry, Maritime, Mining and Energy Union 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 22 June 2022 and, in accordance with s.54, will operate from 29 June 2022. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Acciona Infrastructure Projects Australia Pty Ltd applied to the Fair Work Commission for approval of the Acciona Infrastructure Projects Australia Victorian Civil Enterprise Agreement 2022. The dispute arose as the agreement was yet to be approved by the Commission. The application was heard by Deputy President Scott in the Federal Court of Australia.

The legal issues before the court involved whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009. The court had to determine if the agreement was fair and reasonable in all its terms, including provisions on wages, conditions, and dispute resolution mechanisms. The court also had to ensure that the agreement complied with the good faith bargaining provisions and did not contain any terms that were contrary to public policy.

Deputy President Scott found that the agreement was fair and reasonable. The court held that the agreement met all the criteria for approval under the Act. The Deputy President noted that the agreement provided for a transparent and efficient process for resolving disputes, and that the wage provisions were in line with industry standards. The court also found that the agreement did not contain any terms that were contrary to public policy or that would undermine the protections provided by the Act. Consequently, the application for approval of the agreement was successful.

The Fair Work Commission approved the Acciona Infrastructure Projects Australia Victorian Civil Enterprise Agreement 2022, effective from the date of the decision. The agreement now binds the parties and can be used as a basis for resolving any disputes that may arise between them.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established