Application by Delta Power And Energy (Vales Point) Pty Ltd Trading AS Delta Electricity
Citation: [2026] FWCA 1869
At a glance
- Awards cited
- MA000187
What happened
Delta Power And Energy (Vales Point) Pty Ltd, trading as Delta Electricity, sought approval for the 'Delta Electricity Employees Enterprise Agreement 2026'. The Fair Work Commission considered the agreement's terms, particularly clause 54 regarding delegates’ rights. This clause was found to be less favourable than provisions in the Electrical Power Industry Award 2020. Several unions, including the Mining and Energy Union and the Australian Manufacturing Workers' Union (AMWU), acted as bargaining representatives for the agreement.
What was decided
The Fair Work Commission approved the Delta Electricity Employees Enterprise Agreement 2026. Clause 54 of the agreement was deemed ineffective due to being less favourable than the Electrical Power Industry Award 2020, with clause 26A of that award applying instead. The Commission accepted written undertakings from the employer, which will be a term of the agreement. The agreement will operate from August 3, 2026, and expire on December 31, 2029. It covers specified unions.
What it means for employers
the Respondent should ensure enterprise agreements are at least as favourable as relevant modern awards, particularly regarding delegate rights. They must also be prepared to provide undertakings to address any concerns raised by the Fair Work Commission during approval processes.
What it means for employees
the Applicant should review new enterprise agreements carefully and compare them with applicable modern awards to understand their entitlements. Unions representing employees played a key role in this process, ensuring employee rights were considered.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →