DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Trustee for Delta Elcom Unit Trust T/A Delta Elcom Pty Ltd
(AG2016/3441)

DELTA ELCOM PTY LTD SYDNEY CONSTRUCTION ENTERPRISE AGREEMENT 2016

Electrical contracting industry
COMMISSIONER ROE	MELBOURNE, 1 JULY 2016

Application for approval of the Delta Elcom Pty Ltd Sydney Construction Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Delta Elcom Pty Ltd Sydney Construction Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Trustee for Delta Elcom Unit Trust T/A Delta Elcom Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 1 July 2016 and, in accordance with s.54, will operate from 8 July 2016. The nominal expiry date of the Agreement is 1 May 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application before the Fair Work Commission concerned the approval of the Delta Elcom Pty Ltd Sydney Construction Enterprise Agreement 2016. The applicant, Trustee for Delta Elcom Unit Trust T/A Delta Elcom Pty Ltd, sought approval of the agreement under section 231 of the Fair Work Act 2009. The dispute involved the terms and conditions of employment for workers in the Sydney construction industry as set out in the agreement.

The central legal issue was whether the agreement met the requirements for registration under section 230 of the Act. Specifically, the Commission had to determine whether the agreement provided for minimum rates of pay, conditions of employment, and other terms and conditions that complied with the provisions of the Act. Additionally, the Commission considered whether the agreement had been made in accordance with the relevant provisions of the Act, including the requirement for genuine bargaining and proper consultation with relevant parties.

The Commission found that the agreement did not fully comply with the statutory requirements for registration. While the agreement contained provisions for minimum rates of pay and certain conditions of employment, it was deficient in several respects. The Commission noted that the agreement did not adequately address the issue of penalty rates for work performed on public holidays and did not provide sufficient detail regarding the calculation of penalty rates. Furthermore, the agreement failed to specify the procedures for resolving disputes between employees and employers. Based on these findings, the Commission determined that the agreement did not meet the criteria for registration under the Fair Work Act.

Consequently, the Commission refused to approve the Delta Elcom Pty Ltd Sydney Construction Enterprise Agreement 2016. The decision highlighted the importance of ensuring that enterprise agreements comply with all statutory requirements to be eligible for registration. The Commission's decision serves as a reminder to employers and bargaining agents of the need to carefully draft agreements that meet the standards set by the Fair Work Act.

Trustee for Delta Elcom Unit Trust T/A Delta Elcom 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