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

CaseChat Overview and Summary

The applicant, the Gibson Shopfitters - Warehouse Division, CFMEU, applied for the Fair Work Commission to approve a new enterprise agreement with its employer, DH Gibson Pty Ltd. The dispute centred on the terms of the proposed agreement, which the applicant sought to have recognised as a new enterprise agreement under the Fair Work Act 2009. The Fair Work Commission was the court in which the application was made.

The primary legal issues before the Commission were whether the proposed agreement met the statutory requirements for approval and whether it complied with the provisions of the Fair Work Act. Specifically, the court needed to determine if the agreement provided for proper employee representation, if it contained mandatory terms, and if it was free from any unlawful content. Additionally, the court had to ensure that the agreement did not unfairly discriminate against any group of employees.

The Commission found that the proposed agreement was properly formed, with genuine bargaining between the parties and adequate employee representation. The agreement contained all necessary mandatory terms and did not include any unlawful content. The Commission also determined that the agreement did not unfairly discriminate against any group of employees. As such, the Commission approved the agreement, finding it to meet all statutory requirements and to be fair and reasonable.

Consequently, the Fair Work Commission approved the Gibson Shopfitters - Warehouse Division, CFMEU and NUW Enterprise Agreement. The agreement was registered, and the parties were bound by its terms.

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