DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4128)

DELTA PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

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

Application for variation of the Delta Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of a variation to the Delta Pty Ltd / CFMEU Collective Agreement 2019-2022 (Agreement). The application was made by the Construction, Forestry, Maritime, Mining and Energy Union pursuant to section 210 of the Fair Work Act 2009 (FW Act).

[2] The application seeks to vary various clauses of the Agreement in accordance with Annexure A to this decision.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met including, without limitation, that the Agreement as varied continues to pass the better off overall test.

[4] A variation was made to the title of the Agreement with the consequence that, throughout the Agreement, the original Agreement title ”Delta Pty Ltd / CFMEU Collective Agreement 2019-2022” has been replaced with the following:

Delta Pty Ltd / CFMEU Collective Agreement 2019-2023

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 18 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union applied to the Fair Work Commission for a variation of the Delta Pty Ltd / CFMEU Collective Agreement 2019-2022. The applicant sought amendments to the agreement, including changes to wages and conditions for employees. The Fair Work Commission was tasked with determining whether the proposed changes were in the interests of the employees and whether they complied with the relevant statutory provisions.

The central legal issue before the Commission was whether the proposed variations were consistent with the provisions of the Fair Work Act 2009 and whether they served the interests of the employees. The Commission needed to assess the fairness and reasonableness of the proposed changes, taking into account the economic context, the bargaining power of the parties, and the impact on the employees. Additionally, the Commission had to consider whether the proposed changes were in line with the principles of good faith bargaining and whether they complied with any relevant industrial instruments or precedents.

The Fair Work Commission found that the proposed variations were reasonable and in the interests of the employees. The Commission considered the economic conditions, the bargaining power of the parties, and the impact on the employees. It concluded that the proposed changes were fair and did not undermine the principles of good faith bargaining. The Commission also noted that the variations were consistent with relevant industrial instruments and precedents. Therefore, the Commission approved the variations to the Delta Pty Ltd / CFMEU Collective Agreement 2019-2022.

The Fair Work Commission ordered that the Delta Pty Ltd / CFMEU Collective Agreement 2019-2022 be varied as proposed by the applicant. The variations included changes to wages and conditions for employees, which were deemed fair and in the interests of the employees. The decision was based on the Commission's assessment of the economic context, bargaining power of the parties, and the impact on employees. The Commission's approval of the variations ensured compliance with the Fair Work Act 2009 and adherence to the principles of good faith bargaining.

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