Construction, Forestry, Mining and Energy Union

[2013] FWCA 118

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2012/14276)

DELTA PTY LTD T/AS DELTA GROUP, THE RTBU AND THE CFMEU REGIONAL RAIL LINK ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 9 JANUARY 2013

Application for approval of the Delta Pty Ltd T/As Delta Group, the RTBU and the CFMEU Regional Rail Link Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Delta Pty Ltd T/As Delta Group, the RTBU and the CFMEU Regional Rail Link Enterprise Agreement 2011-2015 (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, Mining and Energy Union (CFMEU). 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 CFMEU and the Australian Rail, Tram and Bus Industry Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2), I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54, will operate from 16 January 2013. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved an application for the approval of the Delta Group, the RTBU and the CFMEU Regional Rail Link Enterprise Agreement 2011-2015. The applicants sought the court's approval of the enterprise agreement under the Fair Work Act 2009. The matter was heard in the Fair Work Commission, which has jurisdiction over employment-related disputes in Australia.

The central legal issue before the court was whether the enterprise agreement met the statutory requirements for approval under the Fair Work Act. Specifically, the court had to consider whether the agreement provided for minimum terms and conditions of employment, and whether it was free from provisions that were contrary to public policy or contained in bad faith. The court also had to consider whether the agreement was procedurally fair and whether it provided for the proper protection of employees' rights.

The Fair Work Commission found that the enterprise agreement was procedurally fair and met the statutory requirements for approval. The court noted that the agreement provided for minimum terms and conditions of employment, and that it did not contain any provisions that were contrary to public policy or in bad faith. The court also found that the agreement provided for the proper protection of employees' rights, including provisions for dispute resolution and the protection of employees' health and safety.

The Fair Work Commission approved the Delta Group, the RTBU and the CFMEU Regional Rail Link Enterprise Agreement 2011-2015. The court ordered that the agreement be registered with the Fair Work Commission, and that it would come into effect on the date of the registration. The decision of the court is final and binding on the parties involved in the dispute.

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established