| [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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- AGLC
- Darrall Gibson & Sons Plasterers Pty Limited [2024] FWCA 3326
- Case
- [2024] FWCA 3326
- Decision Date
CaseChat Overview and Summary
The court examined the agreement to determine if it contained all the prescribed minimum terms and conditions, including those relating to wages, hours of work, leave, and other employment conditions. The court also assessed whether the agreement provided for a fair and efficient process for resolving disputes between the parties. In its reasoning, the court noted that while the agreement largely complied with the statutory requirements, certain provisions regarding shift patterns and penalty rates required clarification to ensure they met the standards set out in the Fair Work Act. The court concluded that, with some amendments to address these issues, the agreement could be approved as it largely met the necessary criteria for an enterprise agreement under the Act.
As a result, the court ordered that the agreement be approved, subject to certain modifications to the provisions concerning shift patterns and penalty rates. The court provided detailed directions for these amendments and set a timeframe for the parties to make the necessary changes. The final orders included the approval of the agreement with the specified amendments, ensuring that it would meet the statutory requirements for operation as a certified enterprise agreement.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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