DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5882)

DELTA PTY LTD T/AS DELTA GROUP AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CIVIL AND INFRASTRUCTURE ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 12 JULY 2021

Application for approval of the Delta Pty Ltd T/As Delta Group and the CFMEU (Victorian Construction and General Division) Subcontractors Civil and Infrastructure Enterprise Agreement 2020-2023.

[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has made an application for approval of an enterprise agreement known as the Delta Pty Ltd T/As Delta Group and the CFMEU (Victorian Construction and General Division) Subcontractors Civil and Infrastructure Enterprise Agreement 2020-2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met. Pursuant to s 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement. The CFMMEU, 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), I note that the Agreement covers the CFMMEU.

[3] The Agreement was approved on 12 July 2021 and, in accordance with s 54, will operate from 19 July 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of a Subcontractors Civil and Infrastructure Enterprise Agreement between Delta Pty Ltd, trading as Delta Group, and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The applicants sought to have the agreement certified as a registered enterprise agreement, ensuring its legal enforceability. The union argued that the agreement was necessary to address specific issues within the industry and to provide fair working conditions for its members.

The primary legal issues before the Commission were whether the agreement was genuinely a product of bargaining between the parties, whether it met the requirements for a protected action ballot, and whether it complied with the formal requirements of the Fair Work Act 2009. The Commission had to determine if the agreement was negotiated in good faith and if it contained the necessary provisions to be considered a genuine enterprise agreement. Additionally, the Commission needed to ensure that the agreement did not contain any illegal or unenforceable terms and that it adhered to the procedural and substantive requirements set forth in the legislation.

The Fair Work Commission found that the agreement was genuinely the product of bargaining between the parties, as evidenced by the documentation and testimonies provided. The Commission determined that the ballot process was conducted in accordance with the Act, and the agreement contained all necessary provisions to be considered a genuine enterprise agreement. The Commission also confirmed that the agreement complied with the formal requirements of the Act and did not contain any illegal or unenforceable terms. As a result, the Commission approved the agreement, allowing it to be registered and enforceable under the Fair Work Act.

The Fair Work Commission approved the Delta Group and CFMEU Subcontractors Civil and Infrastructure Enterprise Agreement 2020-2023. This decision ensures that the agreement is legally binding and enforceable, providing fair working conditions for the union members within the specified industry. The approval of the agreement highlights the importance of genuine bargaining and compliance with the Fair Work Act in the resolution of workplace disputes.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established