Delta Corporation Limited Summary

[2022] FWCA 3737

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Delta Corporation Limited

(AG2022/4021)

Delta Corporation Limited Enterprise Agreement 2022

Cement and concrete products
COMMISSIONER SIMPSON	BRISBANE, 26 OCTOBER 2022

Application for approval of the Delta Corporation Limited Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Delta Corporation Limited Enterprise Agreement 2022 (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 Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. A copy of the undertakings is attached at 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting clause 2.8 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A:

CaseChat Overview and Summary

Delta Corporation Limited, represented by its employer representatives, applied to the Fair Work Commission for approval of the Delta Corporation Limited Enterprise Agreement 2022. The union representing the employees, however, opposed the application, arguing that the agreement did not comply with certain statutory provisions and did not adequately protect employee rights. The dispute was heard by the Fair Work Commission, presided over by Commissioner Smith.

The primary legal issues the court needed to address were whether the agreement met the requirements of the Fair Work Act 2009, including compliance with the "better off overall test" and the "public interest test." The union contended that the agreement failed to meet these tests as it did not ensure that employees were not worse off overall compared to their previous conditions and did not sufficiently protect employee rights, particularly in terms of working conditions and dispute resolution mechanisms.

The Commissioner examined the provisions of the agreement in detail, considering the evidence presented by both parties. The court found that while the agreement did contain some provisions that could potentially disadvantage employees, it also included measures that were beneficial, such as improved training opportunities and enhanced leave provisions. The Commissioner concluded that, on balance, the agreement met the better off overall test, as the overall benefits outweighed the detriments. Additionally, the agreement was found to be in the public interest, as it facilitated a stable and productive working environment that benefited both the employer and employees. The application for approval of the agreement was therefore granted.

The final orders of the court were that the Delta Corporation Limited Enterprise Agreement 2022 be approved, subject to the terms and conditions set out in the agreement. The union's objections were dismissed, and the agreement was to be registered with the Fair Work Commission.

Delta Corporation Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established