DH Gibson Pty Ltd T/A Gibson Shopfitters

[2013] FWCA 363

[2013] FWCA 363

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DH Gibson Pty Ltd T/A Gibson Shopfitters
(AG2012/13131)

GIBSON SHOPFITTERS - WAREHOUSE DIVISION, CFMEU AND NUW ENTERPRISE AGREEMENT

Storage services
COMMISSIONER ROBERTS	SYDNEY, 18 JANUARY 2013

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) by DH Gibson Pty Ltd T/A Gibson Shopfitters (the Company). The agreement is a single-enterprise agreement.

[2] On 14 January 2013 an undertaking was provided by the Company’s Human Resource & Workplace Health and Safety Manager, Ms B Andersen, in relation to clause 9 (Dispute Resolution Procedure) of the Agreement. Pursuant to s.190 of the Act, I accept the undertaking of the Company. The undertaking is taken to be a term of the agreement and a copy is attached to this decision at Annexure A.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[4] The Construction, Forestry, Mining and Energy Union NSW Construction and General Branch and the National Union of Workers, New South Wales Branch, being bargaining representatives for the Agreement, have given notices under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 January 2013. The nominal expiry date of the Agreement is 30 April 2014.

COMMISSIONER

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Annexure A