DH Gibson Pty Limited T/A Gibson Shopfitters

[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of an application for approval of the Gibson Shopfitters – Joinery Division and CFMEU Enterprise Agreement, the case before the Fair Work Commission involved DH Gibson Pty Limited trading as Gibson Shopfitters and the Construction, Forestry, Maritime, Mining and Energy Union. The crux of the dispute centred on whether the proposed enterprise agreement, which aimed to establish the terms and conditions of employment for joiners within the joinery division of Gibson Shopfitters, should be approved and registered under the Fair Work Act 2009. The application was heard and determined by the Fair Work Commission.

The legal issues that the Commission had to decide included whether the agreement complied with the formal requirements of the Fair Work Act, whether it met the 'better off overall test', and whether it was made in good faith. Specifically, the Commission examined whether the agreement adequately addressed the terms and conditions of employment, including pay rates, hours of work, and other employment-related matters, and whether it provided a safety net of minimum terms and conditions. Additionally, the Commission assessed whether the agreement was free from any unlawful content and whether it was made without any coercion or improper influence.

The Fair Work Commission, after considering the evidence and submissions from both parties, determined that the proposed enterprise agreement complied with all statutory requirements and met the better off overall test. The Commission found that the agreement provided a fair and reasonable set of terms and conditions for the employees and was made in good faith without any unlawful content. The Commission concluded that the agreement would operate in a manner that was consistent with the principles of the Fair Work Act, including the protection of employees' rights and the promotion of productive and harmonious workplace relations. Consequently, the Commission approved and registered the agreement.

The final orders of the Fair Work Commission mandated that the Gibson Shopfitters – Joinery Division and CFMEU Enterprise Agreement be approved and registered under the Fair Work Act, effective from the date of the Commission’s decision. This registration formalised the agreement as a legally binding document governing the employment terms and conditions for joiners within the joinery division of Gibson Shopfitters.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established