Derek Gee Installations Pty Ltd

[2014] FWCA 785

[2014] FWCA 785

FAIR WORK COMMISSION

DECISION

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

Derek Gee Installations Pty Ltd
(AG2013/12801)

DGI ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 5 FEBRUARY 2014

DGI Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the DGI Enterprise Agreement 2013 (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 employer has provided undertakings in the following terms:

“1) Dispute Resolution

The Applicant confirms that intention of the Agreement is to comply with the dispute resolution procedure contained within the Fair Work Act 2009 and associated Regulations. In relation to the role of the Commission or other external parties, a dispute which remains unresolved within the organisation may be referred to the Commission for mediation, conciliation, recommendation, or as otherwise deemed appropriate by the Commission within the confines of the Act.

In the event of any inconsistency between the Agreement and the Fair Work Act 2009, the Act shall prevail to the extent that it is more beneficial to the employee or where otherwise required by law.

2) Casuals and FIFO arrangements

Any employee engaged (whether casual or otherwise) on FIFO arrangements receives transport between the airport to the workplace, paid accommodation, meal allowances, flights provided, travelling allowance and other allowances in accordance with the Agreement.

In relation to the method of calculating wages, the employee is classified in accordance with the Agreement and is paid on the basis of 7.6 ordinary hours, 2 hours at 1.5x and the balance at 2x with weekends being paid on the basis of 7.6 ordinary hours, 2 hours at 1.5x and the balance at 2x with weekends being paid the applicable overtime rate in accordance with the Agreement. An example is attached overleaf.

3) Superannuation

In relation to the suggested funds contained within the Agreement, Westscheme is a division of Australian Super. Australian Super provides a MySuper product in accordance with the legislation. Member Connect merged with C+Bus and also provides a MySuper Product. In the event that any default fund does not provide a MySuper product, the Employer undertakes to cease using such fund.”

(provided with Attachment A to Agreement)

[3] As a result, the above undertaking is taken to be a term of the Agreement. A full copy of advice provided by the employer is attached to the Agreement as Attachment A.

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

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 February 2014. The nominal expiry date of the Agreement is 12 February 2018.

SENIOR DEPUTY PRESIDENT

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