DH Gibson Pty Ltd

[2015] FWCA 6439

[2015] FWCA 6439

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DH Gibson Pty Ltd
(AG2015/5455)

GIBSON SHOPFITTERS - INSTALLATION DIVISION ENTERPRISE AGREEMENT AND CONSTRUCTION FORESTRY MINING AND ENERGY UNION CONSTRUCTION AND GENERAL DIVISION NEW SOUTH WALES DIVISIONAL BRANCH.

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 17 SEPTEMBER 2015

Application for approval of the Gibson Shopfitters - Installation Division Enterprise Agreement and Construction Forestry Mining and Energy Union Construction and General Division New South Wales Divisional Branch.

[1] An application has been made for approval of an enterprise agreement known as the Gibson Shopfitters - Installation Division Enterprise Agreement and Construction Forestry Mining and Energy Union Construction and General Division New South Wales Divisional Branch (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by DH Gibson Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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 the organisation.

[6] The Agreement was approved 17 September 2015 on and, in accordance with s.54, will operate from 24 September 2015. The nominal expiry date of the Agreement is 30 April 2016.

COMMISSIONER

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