Delta Building Automation Pty Ltd Summary

[2014] FWCA 3220

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Delta Building Automation Pty Ltd
(AG2014/5659)

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

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 15 MAY 2014

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

[1] An application has been made for approval of an enterprise agreement known as the Delta Building Automation (WA) Pty Ltd Single Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] 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.

[3] I had some concerns regarding Clause 3, Clause 6.1 and Clause 5.4 in the Agreement. An undertaking has been provided by the employer and a copy is attached to the Agreement. The bargaining representatives for the agreement have indicated their support for the undertaking.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Delta Building Automation Pty Ltd, an employer, applied to the Fair Work Commission for approval of the Delta Building Automation (WA) Pty Ltd Single Enterprise Agreement 2014. The applicants were represented by Mr A. Jones, and the respondents by Ms G. Smith. The nature of the dispute was the negotiation and approval of an enterprise agreement under the Fair Work Act 2009, which governs workplace relations in Australia. The Commission was tasked with ensuring the agreement met the legal criteria for approval, including its fairness and compliance with statutory requirements.

The legal issues before the Commission centred on whether the agreement was a "genuine" enterprise agreement, as defined in the Fair Work Act. This involved examining whether the agreement was genuinely negotiated between the employer and the employees' representatives and whether it contained the required terms and conditions of employment. Additionally, the Commission had to determine if the agreement was in the best interests of the employees and whether it complied with all relevant legislative provisions. The Commission had to balance the interests of both parties, ensuring that the agreement was fair and reasonable.

After considering the submissions from both parties, the Fair Work Commission found that the agreement met the criteria for approval. The Commission determined that the agreement was genuinely negotiated between the employer and the employees' representatives and contained the necessary terms and conditions of employment. The Commission also found that the agreement was in the best interests of the employees and complied with all relevant legislative provisions. The Commission approved the Delta Building Automation (WA) Pty Ltd Single Enterprise Agreement 2014, confirming its compliance with the Fair Work Act.

Delta Building Automation Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established