Derek Gee Installations Pty Ltd T/A Derek Gee Installations Pty Ltd

[2023] FWCA 2309

[2023] FWCA 2309

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Derek Gee Installations Pty Ltd T/A Derek Gee Installations Pty Ltd

(AG2023/2211)

DEREK GEE INSTALLATIONS PTY LTD KEMERTON LITHIUM HYDROXIDE PROCESSING PLANT – EXPANSION PROJECT GREENFIELDS AGREEMENT

Building, metal and civil construction industries
COMMISSIONER YILMAZ	MELBOURNE, 26 JULY 2023

Application for approval of the Derek Gee Installations Pty Ltd Kemerton Lithium Hydroxide Processing Plant – Expansion Project Greenfields Agreement

1. An application has been made for approval of a greenfields agreement known as the Derek Gee Installations Pty Ltd Kemerton Lithium Hydroxide Processing Plant – Expansion Project Greenfields Agreement (the Agreement). The application was made by Derek Gee Installations Pty Ltd T/A Derek Gee Installations Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

1. This is a greenfields agreement that meets the requirements of s. 172(2)(b) of the Act. 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. In accordance with s.187(5)(a) of the Act, I am satisfied that the Australian Manufacturing Workers’ Union, the Australian Workers' Union and the Construction, Forestry, Maritime, Mining and Energy Union, are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

1. The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. The undertakings are taken to be a term of the Agreement.

1. Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Australian Manufacturing Workers’ Union, the Australian Workers' Union, and the Construction, Forestry, Maritime, Mining and Energy Union, and that the Agreement covers these organisations.

1. The Agreement is approved and, in accordance with s.54, will operate from 2 August 2023. The nominal expiry date of the Agreement is 26 July 2027.

COMMISSIONER

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<AE520885  PR764573>

Annexure A