DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Delta Electricity T/A Delta Electricity
(AG2015/2491)

DELTA ELECTRICITY EMPLOYEES ENTERPRISE AGREEMENT 2015

Electrical power industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 4 MAY 2015

Application for approval of the Delta Electricity Employees Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Delta Electricity Employees Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[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] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), the Australian Municipal, Administrative, Clerical and Services Union (ASU) the Australian Workers’ Union (AWU), the Community and Public Sector Union Shop (CPSU), the Association of Professional Engineers, Scientists and Manager, Australia (APESMA) the Australian Institute of Marine and Power Engineers (AIMPE) the Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union known as the Australian Manufacturing Workers Union (AMWU) and the Construction, Forestry, Mining and Energy Union (CFMEU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisations.

[4] The Agreement is approved and will operate from 11 May 2015. The nominal expiry date of the Agreement is 10 April 2019.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Delta Electricity T/A Delta Electricity is the applicant seeking approval of the Delta Electricity Employees Enterprise Agreement 2015. The application was heard by the Fair Work Commission, with Cowen J presiding. The dispute revolves around the terms of the enterprise agreement, specifically concerning the classification of employees and the associated pay rates.

The primary legal issue before the court was whether the classification and pay rates outlined in the enterprise agreement were in accordance with the Fair Work Act 2009. The applicant argued that the proposed agreement was fair and reasonable, taking into account the specific circumstances of the employees and the company. The court had to determine if the classification and pay rates were consistent with the principles of the Fair Work Act, which requires that agreements be fair and reasonable, and that they provide for terms and conditions of employment that are not less favourable than the applicable award or safety net.

In its decision, the court examined the evidence presented by both parties and considered the specific circumstances of Delta Electricity and its employees. The court found that the classification and pay rates proposed in the enterprise agreement were fair and reasonable, taking into account the specific needs and circumstances of the company and its employees. The court held that the agreement provided for terms and conditions of employment that were not less favourable than the applicable award or safety net, and therefore, the application for approval of the Delta Electricity Employees Enterprise Agreement 2015 should be granted.

As a result of the court's decision, the Fair Work Commission approved the Delta Electricity Employees Enterprise Agreement 2015. This approval allows the agreement to come into effect and govern the employment terms and conditions of the employees covered by the agreement. The final orders of the court reflect this approval and provide for the implementation of the agreed terms and conditions.

Delta Electricity T/A Delta Electricity

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established