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

[1] 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).

[2] 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.

[3] 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.

[4] 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.

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