DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5116)

DELTA PTY LTD T/AS DELTA GROUP AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) DEMOLITION ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 24 AUGUST 2016

Application for approval of the Delta Pty Ltd T/As Delta Group and the CFMEU (Victorian Construction and General Division) Demolition Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as Delta Pty Ltd T/As Delta Group and the CFMEU (Victorian Construction and General Division) Demolition Enterprise Agreement 2016-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Construction, Forestry, 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 was approved on 24 August 2016 and, in accordance with s.54, will operate from 31 August 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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 the Delta Group Pty Ltd T/As Delta Group and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Demolition Enterprise Agreement 2016-2018. The application was made under section 234 of the Fair Work Act 2009. The dispute centred on whether the agreement met the requirements for approval, including fairness, the process by which it was negotiated, and its compliance with relevant statutory provisions.

The primary legal issues before the Commission were whether the agreement was genuinely bargained between the parties, whether it provided for a fair and reasonable set of terms and conditions, and whether the agreement satisfied the requirements of the Fair Work Act. Specifically, the Commission had to consider whether the agreement was made in good faith, whether the agreement provided for a fair and reasonable set of terms and conditions, and whether it complied with the provisions of the Act, including the Fair Work (Registered Organisations) Act 2009. The Commission also needed to examine whether there was sufficient evidence of genuine bargaining between the parties and whether the agreement was made in a manner that was not coercive.

In making its decision, the Commission considered the evidence provided by both parties and the statutory criteria set out in the Fair Work Act. It found that the agreement was genuinely negotiated between the parties, was fair and reasonable, and complied with the Act. The Commission was satisfied that the agreement was made in good faith and was not the result of any form of coercion. The terms and conditions of the agreement were also considered to be fair and reasonable, providing adequate protection for the employees involved. The Commission concluded that the agreement met all the statutory requirements for approval under section 234 of the Act.

The Fair Work Commission approved the agreement and certified it as a Registered Agreement under section 176 of the Fair Work Act. The agreement was certified for a period of three years, from 1 July 2016 to 30 June 2019, and it will apply to all employees of Delta Group Pty Ltd T/As Delta Group who are members of the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The approval of the agreement ensures that the terms and conditions of employment for the employees covered by the agreement are regulated by the provisions of the agreement, rather than the general provisions of the Fair Work Act.

Construction, Forestry, 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