DH Gibson Pty Ltd t/a Gibson Shopfitters

[2015] FWCA 7474

[2015] FWCA 7474

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DH Gibson Pty Ltd t/a Gibson Shopfitters
(AG2015/6436)

GIBSON SHOPFITTERS – WAREHOUSE DIVISION, CFMEU AND NUW ENTERPRISE AGREEMENT

Storage services
COMMISSIONER ROE	MELBOURNE, 30 OCTOBER 2015

Application for approval of the Gibson Shopfitters - Warehouse Division, CFMEU and NUW Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Gibson Shopfitters - Warehouse Division, CFMEU and NUW Enterprise Agreement (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 t/a Gibson Shopfitters. 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] 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.

[4] The National Union of Workers and Construction, Forestry, Mining and Energy Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code C, AE416422  PR573442>