DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Darrall Gibson & Sons Plasterers Pty Ltd
(AG2018/2601)

DARRALL GIBSON & SONS PLASTERERS PTY LTD ENTERPRISE AGREEMENT 2018 – 2022

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 12 OCTOBER 2018

Application for approval of the Darrall Gibson & Sons Plasterers Pty Ltd Enterprise Agreement 2018 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Darrall Gibson & Sons Plasterers Pty Ltd Enterprise Agreement 2018 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Darrall Gibson & Sons Plasterers Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 October 2018. The nominal expiry date of the Agreement is 11 October 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Darrall Gibson & Sons Plasterers Pty Ltd, the Fair Work Commission was tasked with considering an application for the approval of the Enterprise Agreement 2018-2022. The agreement was presented by the employer, Darrall Gibson & Sons Plasterers Pty Ltd, and was intended to govern the employment terms and conditions of the workers within the plastering industry. The application for approval was brought before the Commission in accordance with section 235 of the Fair Work Act 2009, with the intention of ensuring the agreement met the statutory requirements for approval and would be beneficial to the workforce.

The central legal issues before the Commission involved whether the agreement provided for the employees' terms and conditions of employment in a fair and reasonable manner, and if it complied with the relevant provisions of the Fair Work Act. Specifically, the Commission was required to consider if the agreement met the ‘better off overall test’, which ensures that no employee is worse off, and at least one employee is better off overall. Furthermore, the Commission had to determine if the agreement was procedurally valid and whether it adhered to the good faith bargaining principles.

The Fair Work Commission, after reviewing the evidence and submissions from both the employer and the employees, determined that the Enterprise Agreement 2018-2022 met the necessary criteria for approval. The Commission found that the agreement was procedurally sound and that it was the product of genuine bargaining. The Commission also concluded that the agreement was fair and reasonable, as it provided employees with improved working conditions, increased wages, and additional benefits, thereby satisfying the ‘better off overall test’. As such, the Commission approved the agreement under section 235 of the Fair Work Act.

Consequently, the Fair Work Commission approved the Darrall Gibson & Sons Plasterers Pty Ltd Enterprise Agreement 2018-2022, effective from the date of the decision. This decision binds both the employer and employees, and they must adhere to the terms and conditions set out within the agreement for the duration of its validity.

Darrall Gibson & Sons Plasterers 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