DH Gibson Pty Ltd T/A Gibson Shopfitters Summary

[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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Gibson Shopfitters Pty Ltd, trading as Gibson Shopfitters, applied to the Fair Work Commission for approval of the Gibson Shopfitters - Warehouse Division, CFMEU and NUW Enterprise Agreement. The Australian Building and Construction Commission intervened in the application. The intervener argued that the proposed agreement should not be approved because it failed to meet the requirements of the Fair Work Act 2009. Specifically, the intervener contended that the agreement did not include provisions for fair and reasonable terms and conditions of employment and that it contained clauses that were inconsistent with the provisions of the Act.

The legal issues before the Commission were whether the agreement met the requirements of the Act and, in particular, whether it contained fair and reasonable terms and conditions of employment and whether it was consistent with the provisions of the Act. The Commission considered the evidence and submissions of both parties and found that the agreement met the requirements of the Act. The Commission held that the agreement contained fair and reasonable terms and conditions of employment and that it was consistent with the provisions of the Act. The intervener's application was dismissed.

The Commission found that the agreement provided for reasonable pay rates and conditions for employees, including provisions for overtime, penalty rates, and shift penalties. The Commission also found that the agreement contained provisions for the protection of employees' health and safety, and that it provided for reasonable dispute resolution mechanisms. The Commission held that the agreement was consistent with the provisions of the Act and that it did not contain any clauses that were inconsistent with the Act. The intervener's application was dismissed, and the agreement was approved.

DH Gibson Pty Ltd T/A Gibson Shopfitters

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established