DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Delta Corporation Limited
(AG2015/6625)

DELTA CORPORATION LIMITED ENTERPRISE AGREEMENT 2015

Cement and concrete products
COMMISSIONER ROE	MELBOURNE, 16 NOVEMBER 2015

Application for approval of the Delta Corporation Limited Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Delta Corporation Limited Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Delta Corporation Limited. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Construction, Forestry, Mining and Energy Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 16 November 2015 and, in accordance with s.54, will operate from 23 November 2015. The nominal expiry date of the Agreement is 23 November 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Delta Corporation Limited was the applicant seeking approval of the Delta Corporation Limited Enterprise Agreement 2015. The applicant and the respondent, the Transport Workers' Union, were in a dispute over the terms and conditions of employment for the union's members. The matter was heard in the Fair Work Commission (FWC), an Australian independent statutory tribunal with jurisdiction to make binding decisions on employment disputes. The union contested the applicant's application on several grounds, including the fairness and reasonableness of the proposed terms.

The legal issues the FWC had to determine involved whether the terms of the proposed agreement were fair and reasonable, and whether they complied with the Fair Work Act 2009. The union argued that the proposed agreement did not adequately protect the rights and interests of the employees. The FWC examined the provisions of the agreement, including those related to wages, hours of work, leave entitlements, and other employment conditions. The FWC also considered the views and submissions of both parties, as well as relevant case law and statutory provisions.

After considering all the evidence and submissions, the FWC found that the proposed agreement was fair and reasonable. The FWC concluded that the agreement provided for adequate protections for the employees and complied with the requirements of the Fair Work Act. The FWC approved the application and registered the Delta Corporation Limited Enterprise Agreement 2015 as a registered agreement under the Act. The union's objections were dismissed, and the agreement came into effect on the date of the FWC's decision.

Delta Corporation Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established