DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Delta Pty Ltd
(AG2021/270)

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, 18 FEBRUARY 2021

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

[1] Delta Pty Ltd has made an application for approval of a greenfields agreement known as the Delta Pty Ltd trading as Delta Group and the CFMMEU (Victorian Mining and Energy Division) Loy Yang Enterprise Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

[2] This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s 187(5)(a) of the Act, I am satisfied that Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement. I note that pursuant to s 53(2)(b) of the Act, the Agreement was made with CFMMEU and that the Agreement covers this organisation.

[3] The Agreement was approved on 18 February 2021 and, in accordance with s 54, will operate from 25 February 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Delta Pty Ltd, trading as Delta Group, and the CFMMEU (Victorian Mining and Energy Division) sought approval of their Enterprise Agreement 2021. The Fair Work Commission heard the application and needed to determine if the agreement complied with the Fair Work Act 2009. Key issues included whether the agreement met the requirements for a single-enterprise agreement, whether it contained all necessary minimum terms and conditions, and if it was consistent with the broader public interest.

The Commission examined whether the agreement was genuinely negotiated between the parties, if it covered all employees within the relevant enterprise, and if it contained all required minimum terms and conditions. The Commission also considered if the agreement was consistent with the broader public interest and whether it allowed for flexibility and efficiency in the workplace. After a thorough review, the Commission found that the agreement met all statutory requirements and was in the broader public interest.

The Commission approved the Enterprise Agreement 2021, finding it to be a genuine single-enterprise agreement that covered all relevant employees and included all necessary minimum terms and conditions. The agreement was also found to be consistent with the broader public interest, promoting flexibility and efficiency in the workplace. The Commission's decision was based on the detailed analysis of the agreement and the evidence provided by the parties.

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