Delta Pty Ltd T/A Delta Group

[2021] FWCA 5593

[2021] FWCA 5593

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Delta Pty Ltd T/A Delta Group
(AG2021/6898)

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

Building, metal and civil construction industries
COMMISSIONER O’NEILL	MELBOURNE, 8 SEPTEMBER 2021

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

[1] Delta Pty Ltd has applied for approval of a greenfields agreement known as the Delta Pty Ltd Trading as Delta Group and the CFMMEU (Victorian Mining and Energy Division) Hazelwood Enterprise Agreement 2021 (the Agreement).

[2] The Agreement meets the requirements of section 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 have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union 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.

[3] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 2.11(c) – Abandonment; and

•  Clause 6.9(a)(iii) – Personal Leave.

However, noting clause 1.4(c) of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the CFMMEU and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 September 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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