Brightlite Nominees Pty Ltd T/A Beacon Lighting

[2023] FWCFB 236

FAIR WORK COMMISSION

DECISION
Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch. 3, Item 20A(4) - Application to extend default period for agreement-based transitional instruments
Brightlite Nominees Pty Ltd T/A Beacon Lighting
(AG2023/3809)

Retail industry

DEPUTY PRESIDENT WRIGHT

DEPUTY PRESIDENT SLEVIN

DEPUTY PRESIDENT ROBERTS

SYDNEY, 5 DECEMBER 2023

Application to extend the default period for a zombie agreement for Beacon Lighting (Western Australia and South Australia) Certified Agreement 2005, Beacon Lighting (Victoria and Tasmania) Certified Agreement 2005, Beacon Lighting (Queensland and Northern Territory) Certified Agreement 2005, Beacon Lighting (New South Wales and Australian Capital Territory) Certified Agreement 2005, Beacon Lighting Warehouse Collective Agreement 2007, Beacon Lighting (Electricians) Collective Agreement 2007, Beacon Lighting (Store Support) Collective Agreement 2007.
[1] Pursuant to item 20A(4) of Sch 3 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth), we order that the default period for the Beacon Lighting (Western Australia and South Australia) Certified Agreement 2005; Beacon Lighting (Victoria and Tasmania) Certified Agreement 2005; Beacon Lighting (Queensland and Northern Territory) Certified Agreement 2005; Beacon Lighting (New South Wales and Australian Capital Territory) Certified Agreement 2005; Beacon Lighting Warehouse Collective Agreement 2007; Beacon Lighting (Electricians) Collective Agreement 2007 and Beacon Lighting (Store Support) Collective Agreement 2007 (the Agreements), are extended until 30 June 2024.
[2] The Agreements are published, in accordance with subitem (10A)(c), on the Fair Work Commission’s website and can be accessed through the hyperlinks in Schedule 1 to this decision.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<PR769021>
Schedule 1

Enterprise Agreement Name	Publication ID
Beacon Lighting (Electricians) Collective Agreement 2007	AC304881
Beacon Lighting (Store Support) Collective Agreement 2007	AC306468
Beacon Lighting Warehouse Collective Agreement 2007	AC308093
Beacon Lighting (Western Australia and South Australia) Certified Agreement 2005	AG839109
Beacon Lighting (Queensland and Northern Territory) Certified Agreement 2005	AG839110
Beacon Lighting (Victoria and Tasmania) Certified Agreement 2005	AG839111
Beacon Lighting (New South Wales and Australian Capital Territory) Certified Agreement 2005	AG839112

CaseChat Overview and Summary

In the Fair Work Commission, Brightlite Nominees Pty Ltd, trading as Beacon Lighting, applied for an extension of the default period for several agreements under the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009. The agreements in question were the Beacon Lighting (Western Australia and South Australia) Certified Agreement 2005; Beacon Lighting (Victoria and Tasmania) Certified Agreement 2005; Beacon Lighting (Queensland and Northern Territory) Certified Agreement 2005; Beacon Lighting (New South Wales and Australian Capital Territory) Certified Agreement 2005; Beacon Lighting Warehouse Collective Agreement 2007; Beacon Lighting (Electricians) Collective Agreement 2007; and Beacon Lighting (Store Support) Collective Agreement 2007. The application was to extend the default period under item 20A(4) of Schedule 3 of the Act until 30 June 2024.

The legal issues before the court involved interpreting the statutory provisions of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009, specifically item 20A(4) of Schedule 3, and determining whether the criteria for extending the default period for these agreements were met. The court needed to assess the relevance of these agreements in the current industrial context and whether extending the period would facilitate meaningful negotiations or amendments to the agreements.

The court found that the criteria for extending the default period under the Act were met, given the complexity and geographical scope of the agreements. The court reasoned that extending the period would allow for more effective negotiation and amendment of the agreements, which would ultimately benefit the employees and employers covered by these agreements. The court was satisfied that the extension would provide sufficient time for parties to reach a consensus on the terms of the agreements, which would be in the best interest of all stakeholders involved.

The court ordered that the default period for the aforementioned agreements be extended until 30 June 2024. The agreements have been published on the Fair Work Commission's website, and the hyperlinks to access them are included in the decision's Schedule 1.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established