DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4060)

DELTA (SA) PTY LTD/CFMEU SOUTH AUSTRALIA GREENFIELD ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 18 MARCH 2021

Application for approval of the Delta (SA) PTY LTD/CFMEU South Australia Greenfield Enterprise Agreement 2021.

[1] An application has been made for approval of a greenfields agreement known as the Delta (SA) PTY LTD/CFMEU South Australia Greenfield Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement. It has been made by the Construction, Forestry, Maritime, Mining and Energy Union.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. In particular, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 25 March 2021. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union applied for approval of the Delta (SA) Pty Ltd/CFMEU South Australia Greenfield Enterprise Agreement 2021. The dispute involved the terms and conditions of employment for employees of Delta (SA) Pty Ltd under the proposed enterprise agreement. The Commission was tasked with determining whether the agreement met the requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission centred on whether the proposed agreement provided for terms and conditions of employment that were fair and protected, and whether it complied with the provisions of the Fair Work Act. The Commission considered the bargaining process, the fairness of the terms and conditions proposed, and whether the agreement met the requirements for "better off overall" and "no worse off overall" tests.

After examining the evidence and arguments presented by both parties, the Commission determined that the proposed agreement met the statutory requirements for approval. The Commission found that the agreement provided for fair and protected terms and conditions of employment, and that it complied with the provisions of the Fair Work Act. The Commission approved the Delta (SA) Pty Ltd/CFMEU South Australia Greenfield Enterprise Agreement 2021, subject to certain modifications to ensure compliance with the Act.

The Commission made orders approving the enterprise agreement, with modifications, and directing that the agreement be registered with the Fair Work Commission. The parties were directed to take all necessary steps to give effect to the approved agreement.

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