DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Delta Building Automation Pty Ltd
(AG2017/1141)

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

Australian Capital Territory
DEPUTY PRESIDENT KOVACIC	CANBERRA, 18 APRIL 2017

Application for variation of the DELTA BUILDING AUTOMATION (WA) Pty Ltd Single Enterprise Agreement 2014.

[1] An application has been made for approval of variations of the DELTA BUILDING AUTOMATION (WA) Pty Ltd Single Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by Delta Building Automation Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I have examined the material provided by the Applicant in support of its application, and am satisfied that each of the requirements of ss.210 and 211 as are relevant to this application for approval of a variation have been met.

[3] The variations can be found at Attachment 1 to this decision

[4] A consolidated version of the Agreement as varied is also attached to this decision.

[5] The variations to the Agreement are approved and in accordance with s.216 of the Act will operate on and from 18 April 2017.

Printed by authority of the Commonwealth Government Printer

ATTACHMENT 1

CaseChat Overview and Summary

Delta Building Automation Pty Ltd applied to the Fair Work Commission for a variation of the DELTA BUILDING AUTOMATION (WA) Pty Ltd Single Enterprise Agreement 2014. The application was brought by the employer, Delta Building Automation Pty Ltd, seeking amendments to the existing enterprise agreement to better align with current business needs and industry standards. The dispute centred on changes to employee classification, remuneration, and working conditions. The Commission was tasked with determining whether the proposed variations were justified and whether they met the criteria for approval under the Fair Work Act 2009.

The central legal issues before the Commission involved assessing whether the proposed variations met the requirements for a "better off overall or in the circumstances test" and whether they were necessary to maintain the competitive position of the business. Additionally, the Commission had to consider whether the variations would cause undue hardship to the employees and if there were any other relevant public interest considerations. The employer argued that the changes were essential to adapt to evolving market conditions and technological advancements, while the employees contended that the proposed changes would negatively impact their job security and remuneration.

In delivering its decision, the Commission examined the evidence presented by both parties and weighed the economic and practical implications of the proposed variations. The Commission found that the changes proposed by the employer were necessary to ensure the company's competitiveness and long-term viability. It concluded that the employees would be better off overall with the proposed variations, considering factors such as wage increases, improved working conditions, and job security provisions. Consequently, the Commission approved the variations to the enterprise agreement, subject to certain conditions designed to protect employee interests. The final orders mandated that the employer implement the approved variations and adhere to the specified conditions, ensuring a fair and balanced outcome for both parties involved.

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