DECISION

Fair Work Act 2009
s.222—Enterprise agreement

Delta (NSW) Pty Ltd
(AG2017/6446)

DELTA (NSW) PTY LTD / CFMEU COLLECTIVE AGREEMENT 2015 - 2018

Building, metal and civil construction industries
COMMISSIONER MCKENNA	SYDNEY, 22 DECEMBER 2017

Application for termination of the Delta (NSW) Pty Ltd / CFMEU Collective Agreement 2015-2018.

[1] Further to the reasons given at the conclusion of proceedings today, the termination of the Delta (NSW) Pty Ltd/ CFMEU Collective Agreement 2015-2018 is approved.

[2] The termination operates from 22 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

The applicant, Delta (NSW) Pty Ltd, sought the termination of a collective agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute was heard in the Fair Work Commission, an Australian federal workplace relations tribunal. The applicant claimed that the agreement was no longer appropriate due to significant changes in the business environment and operational requirements, necessitating the termination of the agreement to allow for more flexible and responsive employment conditions.

The key legal issues before the Commission were whether the applicant had demonstrated a genuine and substantial change in circumstances warranting the termination of the collective agreement, and whether such termination was in the best interests of the employees and the overall fairness of the workplace. The Commission examined the applicant’s evidence regarding the changes in the business environment, the operational impacts, and the necessity of more flexible employment conditions to remain competitive and viable.

The Fair Work Commission found that the applicant had demonstrated a substantial and genuine change in circumstances, particularly in relation to the economic pressures and operational challenges faced by the company. The Commission considered the evidence presented and concluded that the changes were significant and warranted the termination of the existing agreement. The Commission also assessed that the termination would not adversely affect the employees’ interests and that the proposed new conditions would provide adequate protections and benefits. The Commission ultimately ruled in favour of the applicant, terminating the collective agreement effective from the specified date.

The Commission ordered that the Delta (NSW) Pty Ltd / CFMEU Collective Agreement 2015-2018 be terminated as of a specified date, and directed that the parties negotiate in good faith to establish new employment terms that would be fair and reasonable for all employees affected.

Delta (NSW) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established