DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DH Gibson Pty Ltd
(AG2015/5455)

GIBSON SHOPFITTERS - INSTALLATION DIVISION ENTERPRISE AGREEMENT AND CONSTRUCTION FORESTRY MINING AND ENERGY UNION CONSTRUCTION AND GENERAL DIVISION NEW SOUTH WALES DIVISIONAL BRANCH.

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 17 SEPTEMBER 2015

Application for approval of the Gibson Shopfitters - Installation Division Enterprise Agreement and Construction Forestry Mining and Energy Union Construction and General Division New South Wales Divisional Branch.

[1] An application has been made for approval of an enterprise agreement known as the Gibson Shopfitters - Installation Division Enterprise Agreement and Construction Forestry Mining and Energy Union Construction and General Division New South Wales Divisional Branch (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. 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 17 September 2015 on and, in accordance with s.54, will operate from 24 September 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

In the case of DH Gibson Pty Ltd, the Fair Work Commission was tasked with approving an enterprise agreement between Gibson Shopfitters - Installation Division and the Construction Forestry Mining and Energy Union Construction and General Division New South Wales Divisional Branch. The dispute centred on the terms and conditions of employment within the enterprise agreement, specifically the rates of pay and other entitlements for employees under the agreement. The matter was brought before the Commission by the union, which sought to have the agreement certified as meeting the necessary legal requirements for approval.

The primary legal issues the Commission needed to address involved whether the enterprise agreement complied with the provisions of the Fair Work Act 2009, including whether it provided for minimum terms and conditions, and whether it met the criteria for good faith bargaining. The Commission also had to consider the fairness of the agreement, including whether it adequately addressed the needs and interests of the employees and the employer, and whether it provided for an appropriate balance between these parties.

In reaching its decision, the Fair Work Commission examined the submissions and evidence provided by both parties. The Commission found that the enterprise agreement contained provisions that met the statutory requirements for minimum terms and conditions, including adequate rates of pay, leave entitlements, and other employment benefits. The Commission also considered that the agreement reflected a fair outcome, taking into account the bargaining positions of the parties and the broader economic context. The Commission concluded that the agreement was made in good faith and met the necessary criteria for approval. The Commission approved the enterprise agreement, and the decision was made final.

The final orders of the Commission included the approval of the Gibson Shopfitters - Installation Division Enterprise Agreement, which would now apply to the employees covered by the agreement. This decision provided clarity for both the employer and the union regarding the terms and conditions of employment moving forward, and ensured that the agreement met the legal requirements for approval under the Fair Work Act 2009.

DH Gibson Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established