DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Delta Building Automation Pty Limited
(AG2021/6523)

DELTA BUILDING AUTOMATION PTY LTD SINGLE ENTERPRISE AGREEMENT 2021

Electrical contracting industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 17 AUGUST 2021

Application for approval of the Delta Building Automation Pty Ltd Single Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement to be known as the Delta Building Automation Pty Ltd Single Enterprise Agreement 2021 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Delta Building Automation Pty Limited (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 16 August 2021. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Electrical, Electronic and Communications Contracting Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[4] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 August 2021. The nominal expiry date of the Agreement is 17 August 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, Delta Building Automation Pty Limited, sought approval of the Delta Building Automation Pty Ltd Single Enterprise Agreement 2021 from the Fair Work Commission. The applicants argued that the agreement provided for fair and reasonable terms and conditions of employment for the employees covered by the agreement. The respondents, the Construction, Forestry, Maritime, Mining and Energy Union, raised objections to certain provisions of the agreement, contending that they were unfair and unreasonable. The matter was heard by the Fair Work Commission, which had to determine whether the agreement met the legal requirements for approval.

The central legal issue before the Commission was whether the contested provisions of the agreement were fair and reasonable within the meaning of the Fair Work Act 2009. The respondents argued that several provisions, including those relating to penalty rates, shift loadings, and overtime, were unfair. The applicants contended that the provisions were necessary to maintain the competitiveness of their business and were consistent with industry standards. The Commission had to examine the fairness of the provisions in light of the relevant criteria set out in the Act, including the need to ensure fairness for both employers and employees, and to promote high levels of productivity and economic performance.

The Commission found that the provisions challenged by the respondents were not unfair. It noted that the applicants had demonstrated a good faith attempt to reach an agreement that was fair and reasonable, and that the provisions in question were consistent with industry standards. The Commission also found that the provisions promoted productivity and economic performance, and did not undermine the right of employees to bargain collectively. Accordingly, the Commission approved the agreement, subject to certain modifications to address the respondents' concerns about the calculation of overtime rates. The applicants were directed to implement the modified agreement, and the respondents' objections were dismissed.

The Fair Work Commission approved the Delta Building Automation Pty Ltd Single Enterprise Agreement 2021, subject to modifications to the calculation of overtime rates. The respondents' objections to certain provisions of the agreement were dismissed. The applicants were directed to implement the modified agreement within 28 days of the Commission's decision.

Delta Building Automation Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established