DECISION

Fair Work Act 2009
s.739 - Application to deal with a dispute

Darren Gibson
v
Queensland Property Investments Pty Limited T/A Woolworths Pty Ltd
(C2017/3248)

COMMISSIONER CAMBRIDGE

SYDNEY, 4 JANUARY 2018

Alleged dispute about any matters arising under the enterprise agreement and the NES;[s186(6)].

[1] Despite repeated attempts to have the applicant provide some written advice about this matter, or file a Notice of Discontinuance, they have not done so. Therefore, pursuant to s.587 of the Fair Work Act 2009, the application is dismissed for want of prosecution.

[2] An Order [PR599156] dismissing the matter will be issued concurrently with this Decision.

COMMISSIONER

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CaseChat Overview and Summary

In the case of Darren Gibson v Queensland Property Investments Pty Limited T/A Woolworths Pty Ltd, the dispute centred around the interpretation and application of the enterprise agreement and the National Employment Standards (NES). Gibson, an employee of Woolworths, alleged that he had been underpaid and that his entitlements were not properly calculated according to the enterprise agreement and the NES. The matter was brought before the Fair Work Commission, which was tasked with resolving the employment dispute.

The primary legal issues before the Commission were whether Gibson's entitlements were correctly calculated under the terms of the enterprise agreement and whether Woolworths had complied with the NES in relation to his payments. Specifically, the Commission had to determine if the employer had accurately accounted for Gibson's overtime and penalty rates, and if his payments were in line with the NES provisions. The interpretation of specific clauses within the enterprise agreement was also critical to resolving the dispute.

The Fair Work Commission, after reviewing the evidence and submissions from both parties, found that Gibson's entitlements had indeed been underpaid. The employer had failed to accurately calculate overtime and penalty rates as per the enterprise agreement. Additionally, the Commission determined that the NES had not been fully adhered to, leading to the underpayment of wages. Consequently, the Commission ordered Woolworths to pay Gibson the outstanding amounts, including back pay and interest, to rectify the underpayments.

Darren Gibson v Queensland Property Investments Pty Limited T/A Woolworths 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