DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fibreglass Installations Pty Ltd T/A Derek Gee Installations Pty Ltd
(AG2015/7635)

DEREK GEE INSTALLATIONS PTY. LTD. - GORGON PROJECT - BARROW ISLAND ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 13 JANUARY 2016

Application for approval of the Derek Gee Installations Pty. Ltd. - Gorgon Project - Barrow Island Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Derek Gee Installations Pty. Ltd. – Gorgon Project – Barrow Island Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Fibreglass Installations Pty Ltd T/A Derek Gee Installations Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 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 20 January 2016. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Fibreglass Installations Pty Ltd T/A Derek Gee Installations Pty Ltd involved a dispute regarding the approval of the Enterprise Agreement under the Fair Work Act 2009. The applicant, Fibreglass Installations, sought approval of the Derek Gee Installations Pty Ltd - Gorgon Project - Barrow Island Enterprise Agreement 2015 from the Fair Work Commission. The legal issues that the court had to decide centred around whether the agreement complied with the statutory requirements and if it was in the best interests of the employees.

The court had to determine if the agreement met the criteria under section 231 of the Fair Work Act, which mandates that an enterprise agreement must be certified by the Fair Work Commission if it is to have effect. The court further assessed if the agreement was free from prohibited content, as per section 172, and whether it complied with the good faith bargaining requirement under section 228. The court also examined if the agreement included appropriate provisions for the employees' rights and conditions of employment, and if it provided for fair and reasonable terms.

The court found that the agreement complied with the statutory requirements and was in the best interests of the employees. The court held that the agreement was free from prohibited content and met the good faith bargaining criteria. The court was satisfied that the agreement provided for fair and reasonable terms for the employees and was thus approved. The court considered that the agreement would facilitate the efficient and effective operation of the Gorgon Project, while also ensuring that the employees' rights and conditions of employment were adequately protected.

In conclusion, the court approved the Derek Gee Installations Pty Ltd - Gorgon Project - Barrow Island Enterprise Agreement 2015, subject to certain modifications. The court made an order for the approval of the agreement with the specified modifications, which would then have effect from the date of the decision.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established