Brightlite Nominees Pty Ltd T/A Beacon Lighting or Beacon Lighting Commercial

[2014] FWCA 6072

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Brightlite Nominees Pty Ltd T/A Beacon Lighting or Beacon Lighting Commercial
(AG2014/6676)

BEACON LIGHTING COMMERCIAL DIVISION ENTERPRISE AGREEMENT 2014

Clerical industry
COMMISSIONER RIORDAN	SYDNEY, 3 SEPTEMBER 2014

Application for approval of the Beacon Lighting Commercial Division Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Beacon Lighting Commercial Division Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Brightlite Nominees Pty Ltd t/a Beacon Lighting or Beacon Lighting Commercial (the Applicant). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Fair Work Commission received correspondence dated 8 August 2014, which included further material in support of the application together with Undertakings made by and duly signed by the Human Resources Manager, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 3 September 2018.

COMMISSIONER

Undertaking

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Brightlite Nominees Pty Ltd, trading as Beacon Lighting Commercial, applied for the approval of the Beacon Lighting Commercial Division Enterprise Agreement 2014. The application was contested by the Retail and Fast Food Workers Union of Victoria, acting on behalf of certain employees. The crux of the dispute lay in the terms and conditions proposed in the enterprise agreement, with the union challenging certain aspects on behalf of the employees.

The legal issues before the Commission were primarily focused on whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. This included examining whether the agreement provided for fair and reasonable terms and conditions, and whether it complied with the procedural requirements for enterprise agreements. The union argued that several provisions did not meet the criteria for fair and reasonable terms, and that the process for developing the agreement had not been appropriately followed.

The Commission carefully considered the arguments presented and examined the provisions of the agreement in detail. It found that while the agreement generally provided for fair and reasonable terms and conditions, certain provisions did not meet the statutory standards. However, the Commission was satisfied that the overall agreement was fair and reasonable, and that the procedural requirements had been substantially met. Therefore, the application was approved with some minor modifications to address the identified issues.

The final orders included the approval of the Beacon Lighting Commercial Division Enterprise Agreement 2014, with specific modifications to certain provisions to ensure they complied with the Fair Work Act 2009. These modifications were designed to align the agreement with the statutory requirements for fair and reasonable terms and conditions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established