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

[2024] FWCA 577

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Derek Gee Installations Pty Ltd T/A Derek Gee Installations

(AG2024/87)

DGI ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
DEPUTY PRESIDENT ROBERTS	SYDNEY, 12 FEBRUARY 2024

Application for approval of the DGI Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the DGI Enterprise Agreement 2023 (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 Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss186, 187 and 188 as is relevant to this application for approval has been met.

I note that Clause 1.5(c) of the Agreement provides that this Agreement will be read and interpreted in conjunction with the National Employment Standards (NES). Where there is an inconsistency between this Agreement and the NES, and the NES provides a greater benefit, the NES provision will apply to the extent of the inconsistency.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 12 February 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Derek Gee Installations Pty Ltd T/A Derek Gee Installations applied to the Fair Work Commission for approval of the DGI Enterprise Agreement 2023. The dispute centred on whether the agreement met the statutory requirements under the Fair Work Act 2009, including its compliance with the Fair Work (Registered Organisations) Act 2009. The applicants, Derek Gee Installations, argued that the agreement was made in good faith and provided for the necessary minimum terms and conditions of employment.

The primary legal issues before the court were whether the agreement was made in good faith and contained the required minimum terms and conditions. The Commission had to determine if the agreement was consistent with the relevant federal and state industrial instruments and if it provided for fair and reasonable terms and conditions of employment. The Commission also had to consider whether the agreement provided for appropriate mechanisms for the resolution of workplace disputes.

The Commission found that the DGI Enterprise Agreement 2023 was made in good faith and contained the necessary minimum terms and conditions. The agreement was consistent with the relevant federal and state industrial instruments and provided for fair and reasonable terms and conditions of employment. The Commission also noted that the agreement provided for appropriate mechanisms for the resolution of workplace disputes. The Commission approved the DGI Enterprise Agreement 2023.

The Commission approved the DGI Enterprise Agreement 2023, finding it to be made in good faith and containing the necessary minimum terms and conditions. The agreement was consistent with the relevant federal and state industrial instruments and provided for fair and reasonable terms and conditions of employment. The Commission also noted that the agreement provided for appropriate mechanisms for the resolution of workplace disputes. The approval of the agreement is now effective, and the parties are bound by its terms.

Derek Gee Installations Pty Ltd T/A Derek Gee Installations

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established