DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/6457)

DELTA (NSW) PTY LTD / CFMEU COLLECTIVE AGREEMENT 2017 - 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 5 JANUARY 2018

Application for approval of the Delta (NSW) Pty Ltd / CFMEU Collective Agreement 2017 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Delta (NSW) Pty Ltd / CFMEU Collective Agreement 2017 - 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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 12 January 2018. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union applied to the Fair Work Commission for the approval of a collective agreement between Delta (NSW) Pty Ltd and the union. The agreement outlined terms and conditions of employment for workers in the construction industry in New South Wales. Delta (NSW) Pty Ltd contested the application, arguing that certain provisions of the agreement were not in the best interests of the employees. The matter was heard by the Full Bench of the Fair Work Commission.

The legal issues before the Commission were whether the terms of the agreement were in the best interests of the employees and whether the application should be approved. In considering the application, the Commission examined the nature and content of the agreement, the views of the parties, and the interests of the employees. The Commission also considered the provisions of the Fair Work Act 2009 and relevant case law.

The Commission found that the agreement was in the best interests of the employees, despite some concerns raised by Delta (NSW) Pty Ltd. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for minimum wages, overtime, and penalties. The Commission also found that the agreement was consistent with the objects of the Fair Work Act, which include promoting high levels of employment and industrial peace. The Commission approved the application and registered the agreement.

The Commission ordered that the Delta (NSW) Pty Ltd / CFMEU Collective Agreement 2017 - 2018 be approved and registered under section 182 of the Fair Work Act. The agreement will now be legally binding on Delta (NSW) Pty Ltd and the union, and will apply to eligible employees in the construction industry in New South Wales.

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