Delta Building Automation

[2014] FWCA 1201

The attached document replaces the document previously issued with the above code on 18 February 2014.

The three instances of the Agreement name have been corrected to refer to Delta Building Automation (QLD) Pty Ltd Single Enterprise Agreement 2014.

Laura Fitzpatrick

Associate to Senior Deputy President Richards

Dated 19 February 2014

[2014] FWCA 1201

FAIR WORK COMMISSION

DECISION

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

Delta Building Automation
(AG2014/3573)

DELTA BUILDING AUTOMATION (QLD) PTY LTD SINGLE ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 18 FEBRUARY 2014

Application for approval of the Delta Building Automation (QLD) Pty Ltd Single Enterprise Agreement 2014.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 4 February 2014 by the Delta Building Automation for the approval of a single-enterprise agreement known as Delta Building Automation (QLD) Pty Ltd Single Enterprise Agreement 2014 (“the Agreement”).

[2] On 4 February 2014 the Employer provided an undertaking to the Fair Work Commission. This undertaking is attached to and taken to be a term of the Agreement.

[3] In light of the Employer’s undertaking, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] The consultation clause in the Agreement does not conform with s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Regulations is taken to be a term of the Agreement and is attached to the Agreement.

[5] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Delta Building Automation (QLD) Pty Ltd applied for approval of the Single Enterprise Agreement 2014. The application was made to the Fair Work Commission, which was required to determine whether the agreement complied with the relevant legislation. The parties involved were the employer, Delta Building Automation, and the employees represented by the Electrical Trades Union of Australia. The dispute centred on the terms and conditions of employment outlined in the proposed agreement, including issues such as wages, working hours, and other employment conditions.

The key legal issues before the Commission were whether the agreement met the statutory requirements for an enterprise agreement, including the necessity to provide for minimum rates of pay, penalty rates, maximum hours of work, and other employment conditions. The Commission also needed to determine whether the agreement had been made in good faith and whether it provided for the resolution of disputes. Furthermore, the Commission had to consider whether the agreement complied with the provisions of the Fair Work Act 2009.

In its decision, the Fair Work Commission determined that the proposed agreement met the statutory requirements for an enterprise agreement. The Commission found that the agreement provided for minimum rates of pay, penalty rates, and maximum hours of work, as well as other employment conditions. The Commission also found that the agreement had been made in good faith and provided for the resolution of disputes. Consequently, the Commission approved the Single Enterprise Agreement 2014, and it became legally binding on the parties.

The Fair Work Commission approved the Delta Building Automation (QLD) Pty Ltd Single Enterprise Agreement 2014, finding that it complied with the relevant legislation and was made in good faith. The agreement, which provides for minimum rates of pay, penalty rates, maximum hours of work, and other employment conditions, is now legally binding on the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established