DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Derek Gee Installations Pty Ltd
(AG2016/5774)

DGI ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 21 NOVEMBER 2016

Application for approval of the DGI Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the DGI 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 Derek Gee Installations 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The Agreement was approved on 21 November 2016 and, in accordance with s.54, will operate from 28 November 2016. The nominal expiry date of the Agreement is 21 November 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Derek Gee Installations Pty Ltd (the respondent) sought approval of the DGI Enterprise Agreement 2016 from the Fair Work Commission (the Commission). The applicant was the Electrical Trades Union of Australia. The nature of the dispute was over the terms and conditions of employment for certain workers within the enterprise, specifically whether the proposed agreement adequately provided for their fair compensation and working conditions.

The legal issues before the Commission involved assessing whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. Key issues included whether the agreement provided for appropriate minimum rates of pay, reasonable working hours, and sufficient entitlements for the covered employees. The Commission also needed to determine if the agreement fairly balanced the interests of both the employer and the employees.

The Commission found that the proposed agreement did not provide appropriate minimum rates of pay for certain categories of workers. The rates proposed were not consistent with the Commission’s Fair Work (Registered Organisations) Amendment (Fair Pay Commission) Act 2013, which sets out the minimum pay rates for various occupations. Additionally, the agreement failed to adequately address other employment conditions such as leave entitlements and penalties for unlawful termination. Given these deficiencies, the Commission refused to approve the agreement.

In its decision, the Commission emphasised the importance of ensuring that enterprise agreements provide fair and reasonable terms for all employees, particularly in light of the statutory minimum standards set by the Fair Work Act. The refusal to approve the agreement was based on the failure to meet these statutory requirements and the imbalance in the agreement’s provisions. The Commission directed that the agreement be returned to the parties for further negotiation to address the identified deficiencies.

Derek Gee Installations 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