DECISION

Fair Work Act 2009
s.185—Enterprise agreement

David Gee Pty Ltd T/A David Gee Concrete Pumping
(AG2015/1758)

DAVID GEE PTY LTD TASMANIAN ENTERPRISE AGREEMENT 2015

Tasmania
COMMISSIONER LEE	MELBOURNE, 6 MARCH 2015

Application for approval of the DAVID GEE PTY LTD Tasmanian Enterprise Agreement 2015.

[1] An application has been made for approval of a single enterprise agreement known as the DAVID GEE PTY LTD Tasmanian Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by David Gee Concrete Pumping.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement was approved on 6 March 2015 and, in accordance with s.54 of the Act, will operate from 13 March 2015. The nominal expiry date of the Agreement is
5 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

The case before the Australian Industrial Relations Commission involved David Gee Pty Ltd, trading as David Gee Concrete Pumping, and the Concrete Pumping Contractors Association of Tasmania Inc. The dispute pertained to the application for the approval of the Tasmanian Enterprise Agreement 2015. The primary issue was whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. The court had to determine if the agreement was fair and reasonable in all its terms and conditions, considering the needs of the employees, the business operations of the employer, and the broader economic environment.

The legal issues centred around the interpretation and application of the statutory criteria for approval of an enterprise agreement. The commission had to assess whether the agreement met the requirements for fair and reasonable terms, including its impact on the employees' working conditions and the business viability of David Gee Pty Ltd. The arguments from both parties revolved around the fairness of the proposed changes and whether they were justified under the given circumstances. The commission also had to consider the role of the association in the negotiation process and whether the agreement reflected a genuine and fair bargaining outcome.

In delivering the decision, the commission examined the submissions and evidence provided by both parties. The commission acknowledged the need for a fair and reasonable agreement that balanced the interests of the employees and the employer. It considered the economic context, the nature of the industry, and the specific terms of the proposed agreement. The commission concluded that the agreement, while not perfect, was fair and reasonable in all its terms and conditions. It found that the agreement addressed the needs of the employees and did not unduly compromise the business operations of the employer. The commission approved the agreement, noting the importance of the negotiated outcome in maintaining industrial harmony.

The final orders of the commission included the approval of the David Gee Pty Ltd Tasmanian Enterprise Agreement 2015. The agreement was deemed to comply with the statutory requirements for approval and was to be registered with the Fair Work Commission. This decision affirmed the commission's role in ensuring that enterprise agreements met the necessary standards of fairness and reasonableness.

David Gee Pty Ltd T/A David Gee Concrete Pumping

DECISION

CaseChat Overview and Summary

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Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established