Delta Pty Ltd

[2021] FWCA 893

[2021] FWCA 893

FAIR WORK COMMISSION

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

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