DH Gibson Pty Limited T/A Gibson Shopfitters

[2013] FWCA 670

[2013] FWCA 670

FAIR WORK COMMISSION

DECISION

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

DH Gibson Pty Limited T/A Gibson Shopfitters
(AG2012/13130)

GIBSON SHOPFITTERS - JOINERY DIVISION AND CFMEU ENTERPRISE AGREEMENT

Building, metal and civil construction industries
COMMISSIONER BULL	SYDNEY, 31 JANUARY 2013

Application for approval of the Gibson Shopfitters - Joinery Division and CFMEU Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Gibson Shopfitters - Joinery Division and CFMEU Enterprise Agreement (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.

Undertakings

[2] An undertaking with respect to clause 9 - Dispute Resolution Procedure,applying to any disputes that arise under the National Employment Standards, has been provided by the Applicant.

[3] The undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached at Annexure A.

[4] I have sought the views of the bargaining representative in respect of the undertaking, pursuant to s.190(4) of the Act. The bargaining representative has not advised of any concerns with the undertaking provided.

[5] I am satisfied that each of the requirements of s.186, including the requirement that the group of employees covered by the Agreement has been fairly chosen, and ss.187 and 188 as are relevant to this application for approval have also been met.

[6] The Construction, Forestry, Mining and Energy Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers that organisation.

[7] The Agreement is approved. In accordance with s.54(1) of the Act, the Agreement will operate from 7 February 2013. The nominal expiry date of the Agreement is 30 April 2014.

COMMISSIONER

Annexure A

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