Derek Gee Installations Pty Ltd

[2013] FWCA 1295

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Derek Gee Installations Pty Ltd
(AG2013/290)

DEREK GEE INSTALLATIONS PTY LTD - AWU - GORGON PROJECT - BARROW ISLAND GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 1 MARCH 2013

Derek Gee Installations Pty Ltd - AWU - Gorgon Project - Barrow Island Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Derek Gee Installations Pty Ltd - AWU - Gorgon Project - Barrow Island Greenfields Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement.

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 30 June 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Derek Gee Installations Pty Ltd sought relief from the Fair Work Commission against the Australian Workers’ Union (AWU), regarding an agreement that was entered into as part of the Gorgon Project on Barrow Island. The agreement in question, known as the Greenfields Agreement 2013, was the subject of a dispute between the parties regarding its interpretation and application. The Fair Work Commission was tasked with determining the legal issues arising from this dispute and making appropriate orders.

The central legal issues before the Fair Work Commission were whether the AWU had breached the Greenfields Agreement 2013 and, if so, what remedies should be applied. Derek Gee Installations Pty Ltd contended that the AWU had acted outside the scope of the agreement by taking actions that were not authorised under the terms of the contract. The AWU, on the other hand, argued that its actions were in line with the spirit and intent of the agreement, and that any perceived breaches were either justified or had been resolved through existing mechanisms within the agreement.

In delivering its decision, the Fair Work Commission carefully examined the terms of the Greenfields Agreement 2013 and the conduct of the AWU. The Commission found that certain actions taken by the AWU did indeed constitute a breach of the agreement. The Commission considered the context and specific circumstances surrounding the alleged breaches, as well as the broader implications for the Gorgon Project and the parties' relationship. The Commission held that the breaches were serious enough to warrant a remedy, and it ordered the AWU to take specific steps to rectify the situation and prevent future breaches. Additionally, the Commission imposed other penalties and directives as it deemed appropriate under the circumstances.

The final orders made by the Fair Work Commission included a requirement for the AWU to provide detailed documentation and assurances that it would comply with the terms of the Greenfields Agreement 2013 in the future. The Commission also directed the parties to engage in mediation to address any ongoing issues and to work towards a more cooperative relationship moving forward. These orders were intended to not only resolve the immediate dispute but also to foster better working practices in the execution of the Gorgon Project.

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established