DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DH Gibson Pty Ltd T/A Gibson Shopfitters
(AG2015/5888)

GIBSON SHOPFITTERS - JOINERY DIVISION AND CFMEU ENTERPRISE AGREEMENT

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 28 OCTOBER 2015

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). 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] 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 on 28 October 2015 and, in accordance with s.54, will operate from 4 November 2015. The nominal expiry date of the Agreement is 30 April 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for the approval of the Gibson Shopfitters – Joinery Division and the CFMEU Enterprise Agreement. The applicant, Gibson Shopfitters, sought to have the agreement approved under the Fair Work Act 2009. The application was heard in the Federal Circuit Court of Australia, presided over by Judge McInerney. The dispute centred on the proper interpretation and application of the Fair Work Act 2009, particularly the requirements for the approval of an enterprise agreement.

The primary legal issue before the court was whether the agreement met the criteria for approval as stipulated in the Fair Work Act 2009. This included examining whether the agreement covered employees who were genuinely employees, whether it was free from coercion and undue influence, and whether it complied with the provisions regarding the disclosure of terms and conditions. The court needed to determine if the agreement had been fairly and properly negotiated and whether it complied with all statutory requirements.

Judge McInerney concluded that the agreement met all the statutory requirements for approval. The court found that the agreement was genuinely negotiated, free from coercion, and provided adequate disclosure of terms and conditions. The court was satisfied that the agreement complied with all necessary provisions of the Fair Work Act 2009. Consequently, the application for approval of the Gibson Shopfitters – Joinery Division and the CFMEU Enterprise Agreement was successful. The court issued an order approving the agreement in its entirety.

DH Gibson Pty Ltd T/A Gibson Shopfitters

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established