Delta Building Automation Pty Ltd

[2013] FWCA 4480

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Delta Building Automation Pty Ltd
(AG2013/7198)

DELTA BUILDING AUTOMATION PTY LTD SINGLE ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
COMMISSIONER DEEGAN	CANBERRA, 5 JULY 2013

Application for approval of the DELTA BUILDING AUTOMATION Pty Ltd Single Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the DELTA BUILDING AUTOMATION Pty Ltd Single Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act) by Delta Building Automation Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I have accepted an undertaking from the employer pursuant to s.190 of the Act concerning the definition of a shift worker in the Agreement. A copy of the undertaking is attached to this decision at Annexure A.

[3] Subject to the undertaking, which is taken to be a term of the Agreement under s.201(3) of the Act, 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 July 2013. The nominal expiry date of the Agreement is 5 July 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Delta Building Automation Pty Ltd sought approval for a single enterprise agreement concerning its employees. The Fair Work Commission was the tribunal tasked with adjudicating the matter. The primary legal issue revolved around whether the proposed agreement complied with the relevant legislative provisions and protected the employees' rights adequately.

The Commission examined the agreement's provisions, considering whether they met the requirements of the Fair Work Act 2009. This included assessing whether the agreement provided employees with minimum rates of pay and conditions, and whether it contained appropriate mechanisms for resolving disputes. The Commission also considered the process by which the agreement was made, including whether there was genuine bargaining and whether the agreement was in the best interests of the employees.

After reviewing the agreement and the submissions made by the parties, the Commission found that the agreement met the necessary legal requirements. The Commission approved the agreement, acknowledging that it provided employees with fair and reasonable terms and conditions of employment. The Commission also noted that the agreement contained appropriate dispute resolution mechanisms and that the bargaining process was genuine.

The Fair Work Commission approved the DELTA BUILDING AUTOMATION Pty Ltd Single Enterprise Agreement 2013, finding that it met the requirements of the Fair Work Act 2009 and provided employees with fair and reasonable terms and conditions of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established