Darrall Gibson & Sons Plasterers Pty Limited
[2024] FWCA 3326
•20 SEPTEMBER 2024
| [2024] FWCA 3326 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Darrall Gibson & Sons Plasterers Pty Limited
(AG2024/3096)
DARRALL GIBSON & SONS PLASTERERS PTY LIMITED ENTERPRISE AGREEMENT 2024-2028
| Building, metal and civil construction industries | |
| COMMISSIONER P RYAN | SYDNEY, 20 SEPTEMBER 2024 |
Application for approval of the Darrall Gibson & Sons Plasterers Pty Limited Enterprise Agreement 2024 – 2028
Darrall Gibson & Sons Plasterers Pty Limited (Employer) has made an application for approval of an enterprise agreement known as the Darrall Gibson & Sons Plasterers Pty Limited Enterprise Agreement 2024-2028 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.
Section 190 Undertakings
The Employer provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.
Sections 186, 187, 188 and 190
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the FW Act as are relevant to this application for approval have been met.
In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, the responses to issues identified, and the Statement of Principles.[1]
Delegates’ rights term
The Agreement does not contain a delegates’ rights term that meets the requirements of s.205A of the FW Act. Pursuant to s.205A(2) of the FW Act, clause 36A of the Building and Construction General On-site Award 2020 is taken to be a term of the Agreement.
Approval
The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 27 September 2024. The nominal expiry date of the Agreement is 20 September 2028.
COMMISSIONER
Annexure A
[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.
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