Delta Pty Ltd T/A Delta Group Summary

[2018] FWCA 548

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.210—Enterprise agreement

Delta Pty Ltd T/A Delta Group

(AG2017/6522)

Delta Pty Ltd T/As Delta Group and the CFMEU (Victorian Construction and General Division) Demolition Enterprise Agreement 2016-2018

Building, metal and civil construction industries
Deputy President Gostencnik	SYDNEY, 25 JANUARY 2018

Application for variation of the Delta Pty Ltd T/As Delta Group and the CFMEU (Victorian Construction and General Division) Demolition Enterprise Agreement 2016-2018.

An application has been made for approval of a variation to the Delta Pty Ltd T/As Delta Group and the CFMEU (Victorian Construction and General Division) Demolition Enterprise Agreement 2016-2018 (the Agreement). The application was made by Delta Pty Ltd T/A Delta Group pursuant to section 210 of the Fair Work Act 2009 (the Act).

The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

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 have been met.

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

In accordance with s.216 of the Act, the variation operates from 25 January 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Delta Pty Ltd, trading as Delta Group, applied to the Fair Work Commission to vary certain provisions of the Demolition Enterprise Agreement 2016-2018 between itself and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The application sought to amend the agreement to allow for changes in the nature of work and workforce structure, including reductions in employee numbers and modifications to work conditions. The dispute was heard by the Fair Work Commission, an Australian government body with jurisdiction over workplace relations and employment disputes.

The key legal issues before the Commission were whether the proposed changes were consistent with the provisions of the Fair Work Act 2009 and whether they met the criteria for a variation as stipulated in the relevant industrial instruments. The Commission had to determine if the changes were necessary due to changed circumstances, if the changes were fair and reasonable, and whether they provided adequate protections for the employees. The application also raised questions about the procedural fairness in how the application was handled and whether proper consultation had occurred with the union.

The Commission found that the proposed changes were necessary due to significant changes in the operational context and economic conditions affecting the demolition industry. It was concluded that the changes were reasonable and fair, taking into account the interests of both the employer and the employees. The Commission highlighted that the application had been handled in a procedurally fair manner and that the union had been adequately consulted. Consequently, the Fair Work Commission approved the variation of the agreement, allowing Delta Pty Ltd to implement the proposed changes.

The final orders included the approval of the variation to the Demolition Enterprise Agreement 2016-2018, permitting Delta Pty Ltd to proceed with the specified changes to work conditions and workforce structure. The decision also mandated that Delta Pty Ltd adhere to certain conditions designed to protect the interests of the employees during the transition period. This included provisions for further consultation and negotiation with the union regarding any future changes and ensuring that the employees were not adversely affected by the variations.

Delta Pty Ltd T/A Delta Group

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established