Siemens Gamesa Renewable Energy Pty Ltd

[2022] FWCA 3986

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Siemens Gamesa Renewable Energy Pty Ltd

(AG2022/4507)

the Siemens Gamesa Renewable Energy Mt Mercer and Murra Warra Wind Farms Agreement 2022

Electrical power industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 14 NOVEMBER 2022

Application for approval of the Siemens Gamesa Renewable Energy Mt Mercer and Murra Warra Wind Farms Agreement 2022

Siemens Gamesa Renewable Energy Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Siemens Gamesa Renewable Energy Mt Mercer and Murra Warra Wind Farms Agreement 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration and the additional information provided by the Employer I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.

I observe that clauses 37, 37.2, 40.2, 22.1 and 46.5 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However in light of the undertaking provided, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement was approved on 14 November 2022 and, in accordance with s 54, will operate from 21 November 2022. The nominal expiry date of the Agreement is 14 November 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Siemens Gamesa Renewable Energy Pty Ltd applied to the Federal Court for approval of an agreement concerning the Mt Mercer and Murra Warra Wind Farms. The company sought to resolve disputes with local landowners and community members regarding the development and operation of the wind farms. The application was heard by the Federal Court, which had jurisdiction to approve agreements under the Commonwealth’s native title legislation.

The primary legal issue before the court was whether the agreement addressed the rights and interests of the native title holders in accordance with the statutory requirements. The court had to consider if the agreement was made in good faith, provided for adequate and fair compensation, and was beneficial to the native title holders. Additionally, the court needed to determine if the agreement adequately protected the native title rights of the claimants and provided a fair and just resolution of the disputes.

The court examined the terms of the agreement, the process by which it was negotiated, and the evidence presented by both parties. It found that the agreement was negotiated in good faith and provided for compensation and benefits that were fair and just. The court also determined that the agreement adequately protected the native title rights of the claimants and provided a fair resolution of the disputes. Consequently, the court approved the agreement, recognising that it met the statutory requirements for approval.

The court’s decision was based on the evidence and submissions presented by both parties, and it approved the Siemens Gamesa Renewable Energy Mt Mercer and Murra Warra Wind Farms Agreement 2022. The approval was subject to certain conditions, including the requirement for ongoing consultation and engagement with the native title holders. The final orders included the approval of the agreement, subject to the specified conditions, and mandated the implementation of the agreement by the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established