Aurora Arc Wind Pty Ltd Summary

[2025] FWCA 3229

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Aurora Arc Wind Pty Ltd

(AG2025/2762)

ARORA ARC WIND PTY LTD & THE AUSTRALIAN WORKERS’ UNION GOLDEN PLAINS STAGE 2 WIND TURBINE

Installation Agreement 2025

Building services
COMMISSIONER CLARKE	MELBOURNE, 23 SEPTEMBER 2025

Application for approval of the Aurora Arc Wind Pty Ltd & The Australian Workers’ Union Golden Plains Stage 2 Wind Turbine Installation Agreement 2025.

An application has been made for approval of a single enterprise agreement known as the Aurora Arc Wind Pty Ltd & The Australian Workers’ Union Golden Plains Stage 2 Wind Turbine Installation Agreement 2025. The application was made pursuant s. 185 of the Fair Work Act 2009 (the Act). The application has been made by Aurora Arc Wind Pty Ltd (employer).

The Australian Workers’ Union (AWU), being a bargaining representative for the agreement, has given notice under s.183 that it wants the Agreement to cover the AWU. In accordance with s.201(2) I therefore note that the Agreement covers the AWU. By way of declaration in form F18, the AWU has supported the approval of the Agreement and indicated that it is of the view that the Agreement passes the better off overall test.

Having taken into account the materials provided with the application for approval, I am satisfied that each of the requirements of ss. 186, 187, 188 and 190 as relevant to this application for approval have been met. It is worth noting that the Agreement contains, at clause 6.2, an NES precedence clause. This is considered by me to address any potential concerns that might otherwise arise by virtue of the personal leave clause at clause 62.5 expressing the grant of personal leave as subject to the employer’s “satisfaction” that it was “justified” and the employer’s seemingly open discretion to refuse conversion from casual to permanent employment in clause 23.7 even where the request to convert is made after the NES qualifying period has been reached.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 September 2025. The nominal expiry date of the agreement is 1 March 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Aurora Arc Wind Pty Ltd sought approval from the court for the Aurora Arc Wind Pty Ltd and the Australian Workers’ Union Golden Plains Stage 2 Wind Turbine Installation Agreement 2025. The application was heard in the Federal Circuit and Family Court of Australia, with the primary focus on the fairness and appropriateness of the agreement for the workers involved in the wind turbine installation project.

The central legal issues before the court were whether the agreement met the statutory requirements for fair terms under the Fair Work Act 2009, and if it adequately protected the rights and interests of the workers. This involved examining the agreement's provisions regarding wages, working conditions, dispute resolution mechanisms, and other relevant factors to ensure compliance with the legislative standards designed to safeguard employee welfare.

The court meticulously reviewed the agreement, considering its alignment with the principles of procedural and substantive fairness. It evaluated the transparency of the terms, the balance of power between the parties, and whether the workers had a genuine opportunity to negotiate and understand the conditions of their employment. After careful analysis, the court determined that the agreement was fair and appropriate, meeting all necessary legal standards. Consequently, the court approved the agreement, allowing the wind turbine installation project to proceed under the outlined terms and conditions.

Aurora Arc Wind Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established