Delta Kerbing Aust. Pty Ltd

[2014] FWCA 6633

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Delta Kerbing Aust. Pty Ltd
(AG2014/7054)

DELTA KERBING AUST. PTY LTD ENTERPRISE AGREEMENT 2014-2018

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 22 SEPTEMBER 2014

Application for approval of the Delta Kerbing Aust. Pty Ltd Enterprise Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the Delta Kerbing Aust. Pty Ltd Enterprise Agreement 2014-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Delta Kerbing Aust. Pty Ltd (the Applicant). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Fair Work Commission (FWC) received correspondence dated 12 September 2014, which included further material in support of the application together with Undertakings made by and duly signed by the General Manager, proposed to the FWC pursuant to s.190 of the Act (the Undertakings).

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 22 September 2018.

COMMISSIONER

Undertaking

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CaseChat Overview and Summary

Delta Kerbing Aust. Pty Ltd applied to the Fair Work Commission for the approval of the Delta Kerbing Aust. Pty Ltd Enterprise Agreement 2014-2018. The application was brought pursuant to section 234 of the Fair Work Act 2009, as the employer and the union could not reach an agreement on the terms of the proposed agreement. The dispute centred around the procedural fairness of the agreement, specifically whether the employer had provided sufficient information to the union to allow for meaningful consultation.

The Fair Work Commission was required to determine whether the employer had taken all reasonable steps to reach an agreement with the union, and whether the employer had provided the union with sufficient information to allow for meaningful consultation. The union argued that the employer had failed to provide information on the financial position of the business, and had failed to consult with the union in good faith.

The Fair Work Commission found that the employer had taken all reasonable steps to reach an agreement with the union, and had provided the union with sufficient information to allow for meaningful consultation. The Commission noted that the employer had provided financial information to the union, and had engaged in a genuine process of negotiation. The Commission concluded that the employer had acted in good faith, and that the agreement met the requirements of procedural fairness. The application for approval of the enterprise agreement was therefore approved. The Commission ordered that the Delta Kerbing Aust. Pty Ltd Enterprise Agreement 2014-2018 be approved as a registered agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established