DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1943)

DELTA PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 21 JULY 2020

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

[1] An application has been made for approval of an enterprise agreement known as the Delta Pty Ltd / CFMEU Collective Agreement 2019-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

[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.

[3] The Construction, Forestry, Maritime, Mining and Energy Union 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 organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 July 2020. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied to the Fair Work Commission for approval of a collective agreement entered into with Delta Pty Ltd. The agreement, which covers the period 2019 to 2022, was submitted under the Fair Work Act 2009. The central issue before the Commission was whether the proposed agreement complied with the legal requirements for approval under the Act. Specifically, the Commission had to determine if the agreement met the criteria for being a genuine enterprise agreement and if it adhered to the provisions concerning minimum entitlements.

The Commission carefully examined the provisions of the proposed agreement, ensuring it covered the necessary topics and was appropriately structured. The agreement was found to be an authentic enterprise agreement as it was made between the employer and the employees represented by the CFMEU. The Commission also assessed whether the agreement provided for minimum entitlements, including minimum wages, penalty rates, leave provisions, and other benefits. After thorough consideration, the Commission concluded that the agreement met all statutory requirements and was in accordance with the principles of the Fair Work Act.

Following this analysis, the Fair Work Commission approved the Delta Pty Ltd / CFMEU Collective Agreement 2019-2022. The decision was made in light of the evidence presented, which demonstrated that the agreement was genuinely negotiated and complied with the legislative framework. The approval of the agreement ensures that the terms and conditions of employment for the workers covered by the agreement are legally recognised and enforceable.

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