austlii:cth/FWCA/2025/3835
General information, not legal advice.
FWCA
2025-11-14
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
DELTA BUILDING AUTOMATION (ACT) PTY LIMITED SINGLE ENTERPRISE AGREEMENT 2026
Application for approval of the Delta Building Automation (ACT) Pty Limited Single Enterprise Agreement 2025
[1] Delta Building Automation (ACT) Pty Limited has applied for approval of a single enterprise agreement known as the Delta Building Automation (ACT) Pty Limited Single Enterprise Agreement 2025 ("Agreement"). The application is made under section 185 of the Fair Work Act 2009 ("Act").
[2] Delta Building Automation has provided a written undertaking, a copy of which is attached to this decision as Annexure A. I am satisfied that the undertaking is not likely to cause financial detriment to any employee covered by the Agreement or to result in substantial changes to the Agreement. The Commission sought the views of the bargaining representatives for the Agreement on the undertaking. Pursuant to section 190(3) of the Act, I accept the undertaking. It is taken to be a term of the Agreement.
[3] Having regard to the undertaking and the material in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to the application have been met.
[4] The Agreement is approved. In accordance with section 54 of the Act, the Agreement will operate from 21 November 2025. The nominal expiry date of the Agreement is 14 November 2029.
[5] Delta Building Automation has made an application seeking to correct three minor errors in the Agreement. The changes are designed to remove inconsistencies between the classification structure in Schedule A of the Agreement with the table of rates in Schedule B. The company submitted that these are obvious errors capable of being amended under section 218A of the Act. I agree.
[6] The employee bargaining representatives were invited to raise any objections they had to the variation application. None did so.
[7] I have determined to vary the Agreement as requested.
[8] I make the following order, which takes effect on the date of this decision:
(1) Schedule A - Classification Structure of the Delta Building Automation (ACT) Pty Limited Single Enterprise Agreement 2025 is amended so as to:
(a) delete the "Electrical Worker Grade 1" classification;
(b) replace "Electrical Worker Grade 5 Licensed" with "Electrical Worker Grade 5 Licensed - Level 1"; and
(c) replace "Electrical Worker Grade 5A Licensed" with "Electrical Worker Grade 5 Licensed - Level 2".

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