DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6073)

DELTA PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 6 OCTOBER 2016

Application for approval of the Delta Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Delta Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019 (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 13 October 2016. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

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CaseChat Overview and Summary

The matter involved the Construction, Forestry, Mining and Energy Union (CFMEU) and Delta Pty Ltd. The union sought approval for their collective agreement for the period 2015 to 2019. The Fair Work Commission (FWC) was the court responsible for adjudicating on this application. The primary dispute centred around the enforceability and fairness of the proposed collective agreement between the union and the employer.

The legal issues before the FWC included whether the collective agreement met the requirements of the Fair Work Act 2009, particularly concerning its fairness and enforceability. The FWC had to assess if the agreement was consistent with the national system for the resolution of employment disputes, and whether it was fair and reasonable in terms of the provisions it contained. The FWC also needed to consider whether the agreement complied with the 'better off overall test' (BOOT) and whether it was genuinely agreed upon by both parties.

The FWC examined the agreement's provisions and the context in which it was negotiated. The commission found that the agreement was generally fair and met the requirements under the Fair Work Act. The FWC concluded that the agreement was consistent with the national system for resolving employment disputes and satisfied the BOOT. It was determined that the agreement was genuinely negotiated and agreed upon by both parties, thereby fulfilling all necessary legal criteria for approval. Consequently, the FWC approved the collective agreement.

The FWC's final order was to approve the Delta Pty Ltd and CFMEU Union Collective Agreement for the period 2015 to 2019, subject to the terms and conditions specified in the agreement. This decision ensures that the agreement is legally enforceable and compliant with the requirements set forth by 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