Delta Facilities Management Pty Ltd T/A Delta FM

[2014] FWCA 9421

[2014] FWCA 9421

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Delta Facilities Management Pty Ltd T/A Delta FM
(AG2014/8269)

COMPASS GROUP (DELTA FM) ENTERPRISE AGREEMENT 2014

Building services
COMMISSIONER GREGORY	MELBOURNE, 24 DECEMBER 2014

Application for approval of the Compass Group (Delta FM) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Compass Group (Delta FM) Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Delta Facilities Management Pty Ltd T/A Delta FM. It 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.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, 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] Sub clause 3.1 of the Agreement provides that it is intended to operate from the start of the first pay period that commences at least 7 days after it is approved by the Commission. However, s.54 of the Act provides that an enterprise agreement approved by the Commission operates from 7 days after the Agreement is approved or if a later day is specified in the Agreement, that later day.

[5] The wording contained in sub clause 3.1 does not actually specify a date that the Commission could identify. Clarification was therefore sought from the Applicant about the relevant commencement date of the next pay period. The Commission was informed that date is 5 January 2015. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 January 2015. The nominal expiry date of the Agreement is 23 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code G, AE412010  PR559546>