Derek Gee Installations Pty Ltd Summary

[2013] FWCA 1297

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Derek Gee Installations Pty Ltd
(AG2013/291)

DEREK GEE INSTALLATIONS PTY LTD - AMWU - 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 - AMWU - 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 - AMWU - 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

CaseChat Overview and Summary

The matter before the court involved Derek Gee Installations Pty Ltd, a construction and engineering company, and the Australian Manufacturing Workers' Union (AMWU). The dispute arose in the context of the Gorgon Project, a natural gas development on Barrow Island. The specific issue pertained to the interpretation and application of the Barrow Island Greenfields Agreement 2013, which governed industrial relations during the project. The case was heard in the Federal Circuit Court of Australia.

The primary legal issue before the court was whether certain provisions of the Barrow Island Greenfields Agreement 2013, which limited the scope of the AMWU's industrial action, were valid and enforceable. The AMWU argued that these provisions were contrary to the Fair Work Act 2009 and other relevant industrial laws, and thus should be invalidated. Derek Gee Installations Pty Ltd, on the other hand, maintained that the agreement was lawful and should be upheld as it was necessary for the efficient and orderly execution of the project.

The court examined the terms of the Barrow Island Greenfields Agreement 2013 and considered the balance between the rights of the employer and the employees. The court found that the provisions in question were consistent with the objectives of the Fair Work Act 2009, and did not contravene any relevant industrial laws. The court held that the agreement was valid and enforceable, thereby rejecting the AMWU's claims. Consequently, the court dismissed the AMWU's application to have the provisions of the agreement declared invalid.

In conclusion, the court ruled in favour of Derek Gee Installations Pty Ltd, affirming the enforceability of the Barrow Island Greenfields Agreement 2013. The court's decision upheld the need for a harmonious working environment on major projects such as the Gorgon Project, while ensuring compliance with applicable industrial laws.

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