Brightlite Nominees Pty Ltd T/A Beacon Lighting Summary

[2024] FWCA 2620

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Brightlite Nominees Pty Ltd T/A Beacon Lighting

(AG2024/1998)

BEACON LIGHTING ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 15 JULY 2024

Application for approval of the Beacon Lighting Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Beacon Lighting Enterprise Agreement 2024 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 22 July 2024. The nominal expiry date of the Agreement is 14 July 2028.

The Shop Distributive and Allied Employees’ Association, being a bargaining representative for the Agreement, has given notice to the Fair Work Commission that it wants the Agreement to cover it. In accordance with s 201(2) of the Act, I note that the Agreement covers the Shop Distributive and Allied Employees’ Association.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Brightlite Nominees Pty Ltd trading as Beacon Lighting, the Fair Work Commission was asked to approve the Beacon Lighting Enterprise Agreement 2024. The dispute arose between the employer and the employees, with the union representing the workers' interests. The Commission was tasked with determining whether the agreement met the requirements under the Fair Work Act 2009 and whether it was in the best interests of the employees.

The primary legal issue before the Commission was whether the agreement provided for fair and reasonable terms and conditions of employment, including adequate pay and conditions, and whether it complied with the statutory requirements for enterprise agreements. The Commission also had to consider whether the agreement had been made in good faith and whether it provided for fair and reasonable processes for resolving workplace disputes.

After reviewing the submissions from both parties and considering the evidence presented, the Commission found that the Beacon Lighting Enterprise Agreement 2024 met the necessary criteria. The agreement provided for fair and reasonable terms and conditions of employment, and it complied with the statutory requirements for enterprise agreements. The Commission was satisfied that the agreement had been made in good faith and provided for fair and reasonable processes for resolving workplace disputes. Therefore, the Commission approved the agreement.

The Fair Work Commission orders that the Beacon Lighting Enterprise Agreement 2024 be approved as of the date of this decision. This decision is final and binding on both parties. The agreement will now be registered with the Fair Work Ombudsman, and it will come into effect as per its terms.

Brightlite Nominees Pty Ltd T/A Beacon Lighting

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established