DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5118)

DELTA PTY LTD T/AS DELTA GROUP AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) 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) 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) 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

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) applied for approval of an enterprise agreement with Delta Pty Ltd T/As Delta Group. The agreement, covering the period from 2016 to 2018, sought to establish the terms and conditions of employment for employees within the Delta Group. The CFMEU argued that the agreement was necessary to improve working conditions, wages, and other employment terms. Delta Pty Ltd, on the other hand, raised concerns about certain provisions within the agreement, suggesting they could lead to operational inefficiencies and increased costs.

The legal issues before the Commission involved whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. This included determining if the agreement provided for fair and reasonable terms and conditions, and if it allowed for genuine bargaining between the parties. The Commission also needed to assess whether the agreement was consistent with the broader principles of the national workplace relations system.

The Fair Work Commission, after thorough deliberation, concluded that the enterprise agreement was consistent with the legislative criteria. The Commission found that the agreement provided for fair and reasonable terms and conditions, taking into account the specific needs and circumstances of the Delta Group. The Commission also determined that the agreement was the product of genuine bargaining between the parties, despite Delta's concerns. As a result, the Commission approved the enterprise agreement, recognising its potential to improve working conditions and efficiency within the Delta Group.

The final orders of the Commission included the approval of the Delta Pty Ltd T/As Delta Group and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The approved agreement would now serve as the basis for employment terms and conditions for the employees within the Delta Group for the specified period.

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