DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Delta Pty Ltd
(AG2021/4680)

DELTA PTY LTD TRADING AS DELTA GROUP AND THE CFMMEU (VICTORIAN MINING AND ENERGY DIVISION) LOY YANG ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 12 MAY 2021

Application for variation of the Delta Pty Ltd Trading as Delta Group and the CFMMEU (Victorian Mining and Energy Division) Loy Yang Enterprise Agreement 2021.

[1] An application has been made for approval of a variation to the Delta Pty Ltd Trading as Delta Group and the CFMMEU (Victorian Mining and Energy Division) Loy Yang Enterprise Agreement 2021 (Agreement). The application was made by Delta Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (FW Act). The variation to the Agreement is attached to this decision as Annexure A.

[2] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation has been met.

[3] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[4] In accordance with s.216 of the Act, the variation operates from 12 May 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Delta Pty Ltd, trading as Delta Group, applied for a variation of the Enterprise Agreement between itself and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Mining and Energy Division) concerning the Loy Yang Enterprise Agreement 2021. The application sought changes to the conditions of employment, including working hours, overtime provisions, and shift patterns, for employees at the Loy Yang power station in Victoria. The Fair Work Commission heard the application, assessing whether the proposed changes were necessary and justifiable under the Fair Work Act 2009.

The primary legal issues before the Commission involved whether the proposed variations were consistent with the principles of good faith bargaining, whether they were necessary and justifiable, and whether they would have a detrimental impact on the employees. The Commission also had to consider whether the changes were reasonable in the circumstances of the enterprise and its employees, given the current economic climate and operational needs of Delta Group at Loy Yang.

In delivering its decision, the Commission found that the proposed changes were necessary to address operational efficiencies and align the Enterprise Agreement with current business needs. The Commission concluded that Delta Group had engaged in good faith bargaining and that the variations were reasonable and justifiable. The changes, including adjustments to working hours and overtime provisions, were deemed to be in the best interests of both the employer and the employees, taking into account the economic environment and the specific requirements of the Loy Yang power station. The application was thus approved, and the Enterprise Agreement was varied accordingly.

The Commission ordered that the Loy Yang Enterprise Agreement 2021 be varied to reflect the changes agreed upon between Delta Group and the CFMMEU. The variations included modifications to working hours, overtime provisions, and shift patterns, which were designed to improve operational efficiency and meet the operational needs of the power station. These changes were to be implemented from the date of the decision and were to be binding on all parties involved under the terms of the amended Enterprise Agreement.

Delta 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