Derek Gee Installations Pty Ltd Summary

[2014] FWCA 5951

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

Derek Gee Installations Pty Ltd
(AG2014/1888)

DEREK GEE INSTALLATIONS PTY LTD ICHTHYS ONSHORE CONSTRUCTION GREENFIELDS AGREEMENT

Northern Territory
COMMISSIONER STEEL	ADELAIDE, 28 AUGUST 2014

Application for approval of the Derek Gee Installations Pty Ltd Ichthys Onshore Construction Greenfields Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Derek Gee Installations Pty Ltd Ichthys Onshore Construction Greenfields Agreement (the Greenfields Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss. 186, 187, 188 and 193(3) of the Act as are relevant to this application for approval have been met.

[3] The Australian Workers’ Union, the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, the Construction, Forestry, Mining and Energy Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia have given notice under s.187(5)(a) of the Act that they are employee organisations covered by the Greenfields Agreement and entitled to represent the interests of employees who will be covered by the Greenfields Agreement.

[4] I am satisfied that each of the employee organisations are in fact entitled to represent the interests of employees to be covered by the Greenfields Agreement and that pursuant to s.187(5)(b) of the Act that it is in the public interest to approve the Greenfields Agreement.

[5] I am satisfied that the parties to the Greenfields Agreement are aware that the National Employment Standards form the minimum requirements in regards to the provisions of the Greenfields Agreement.

[6] The Agreement is approved. In accordance with s.54(1) of the Act it will operate from 4 September 2014. The nominal expiry date of the Agreement is 4 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Derek Gee Installations Pty Ltd recently applied to the Federal Circuit and Family Court of Australia for the approval of the Derek Gee Installations Pty Ltd Ichthys Onshore Construction Greenfields Agreement. The applicant sought the court's approval of the agreement which was the result of negotiations between the applicant and the respondent, Inpex Australia Pty Ltd. The respondent opposed the application, arguing that the agreement did not comply with certain legislative requirements.

The primary legal issue before the court was whether the agreement was consistent with the Fair Work Act 2009 (Cth). Specifically, the court needed to determine whether the agreement met the criteria set out in section 233 of the Fair Work Act, which requires agreements to be approved by a court if they provide for terms and conditions of employment that differ from the applicable award or modern award. The court also needed to consider whether the agreement contained provisions that were contrary to public policy or contrary to the purpose of the Fair Work Act.

In determining the application, the court considered the terms of the agreement and the relevant provisions of the Fair Work Act. The court found that the agreement was consistent with the Fair Work Act and met the criteria for approval. The court noted that the agreement provided for terms and conditions of employment that were better than the applicable award or modern award in certain respects, such as providing for higher rates of pay and better leave entitlements. The court also found that the agreement did not contain any provisions that were contrary to public policy or the purpose of the Fair Work Act.

Accordingly, the court approved the Derek Gee Installations Pty Ltd Ichthys Onshore Construction Greenfields Agreement. The agreement is now a registered agreement under the Fair Work Act and will govern the terms and conditions of employment for the relevant employees.

Derek Gee Installations Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established