Darrall Gibson & Sons Plasterers Pty Ltd Summary

[2013] FWCA 4495

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Darrall Gibson & Sons Plasterers Pty Ltd
(AG2013/1672)

DARRALL GIBSON & SONS PLASTERERS PTY LTD ENTERPRISE AGREEMENT 2013 - 2017

Building, metal and civil construction industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 8 JULY 2013

Application for approval of the Darrall Gibson & Sons Plasterers Pty Ltd Enterprise Agreement 2013 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Darrall Gibson & Sons Plasterers Pty Ltd Enterprise Agreement 2013 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) .The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved. In accordance with s.54(1) it will operate from 15 July 2013. The nominal expiry date of the Agreement is 14 July 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the matter of Darrall Gibson & Sons Plasterers Pty Ltd was brought forward for consideration. The dispute centred on the application for the approval of the Enterprise Agreement between Darrall Gibson & Sons Plasterers Pty Ltd and its employees for the period 2013 to 2017. The application was lodged by the employer, seeking to have the agreement recognised and enforced under the Fair Work Act 2009.

The central legal issue before the Commission was whether the agreement complied with the requirements of the Act, particularly in relation to the provisions regarding employee entitlements, such as pay rates, hours of work, and conditions of employment. The Commission had to determine if the agreement met the standards set out in the legislation, including the requirement that it provided for fair and reasonable terms and conditions.

In its decision, the Commission noted that the agreement provided for terms and conditions that were fair and reasonable, taking into account the nature of the work and the bargaining positions of the parties. The Commission found that the agreement was compliant with the Act and approved the application for its enforcement. The decision highlighted the importance of ensuring that the agreement provided for fair and reasonable terms, and that it was not detrimental to the employees.

The Commission approved the Darrall Gibson & Sons Plasterers Pty Ltd Enterprise Agreement 2013-2017, confirming its validity and enforceability under the Fair Work Act 2009. This decision provided clarity and certainty for both the employer and employees, ensuring that the agreement was fair and reasonable, and that it complied with the relevant legislation.

Darrall Gibson & Sons Plasterers Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established