DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Delta Building Automation Pty Ltd
(AG2017/6309)

DELTA BUILDING AUTOMATION PTY LTD SINGLE ENTERPRISE AGREEMENT 2017

Australian Capital Territory
COMMISSIONER WILSON	MELBOURNE, 15 MAY 2018

Application for approval of the Delta Building Automation Pty Ltd Single Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Delta Building Automation Pty Ltd Single Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Delta Building Automation Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement 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 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 May 2018. The nominal expiry date of the Agreement is 14 May 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Delta Building Automation Pty Ltd sought approval of their Single Enterprise Agreement 2017 from the Fair Work Commission (FWC). The applicants, including Delta Building Automation, represented employers under the agreement, while the respondents, comprising various unions, represented employees. The unions opposed the application, arguing that the agreement did not meet the standards set by the Fair Work Act 2009. The FWC was tasked with determining whether the agreement complied with the statutory requirements and was in the best interests of the employees.

The primary legal issue before the FWC was whether the proposed agreement met the statutory criteria for approval under the Fair Work Act 2009. This involved examining the agreement's provisions against the legislative benchmarks for fairness, including whether it provided for adequate wages, conditions, and dispute resolution mechanisms. The FWC also had to consider whether the agreement was genuinely a single enterprise agreement, encompassing all relevant employees and employers within the defined scope.

In evaluating the agreement, the FWC determined that it complied with the statutory requirements. The commission found that the agreement provided for fair wages and conditions, and included appropriate dispute resolution processes. The FWC also confirmed that the agreement was genuinely a single enterprise agreement, covering all relevant employees and employers. Based on these findings, the FWC approved the agreement, finding it to be in the best interests of the employees involved. The unions' objections were dismissed, and the application for approval was granted.

Delta Building Automation Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established