Brilliant Lighting (Aust) Pty Ltd

[2022] FWCA 692

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Brilliant Lighting (Aust) Pty Ltd

(AG2022/444)

Brilliant Lighting Enterprise Agreement 2022

Storage services
COMMISSIONER O'NEILL	MELBOURNE, 4 march 2022

Application for approval of the Brilliant Lighting Enterprise Agreement 2022

Brilliant Lighting (Aust) Pty Ltd has applied for approval of an enterprise agreement known as the Brilliant Lighting Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

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 is approved and, in accordance with s.54 of the Act, will operate from 11 March 2022. The nominal expiry date of the Agreement is 3 March 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Brilliant Lighting (Aust) Pty Ltd applied to the Fair Work Commission for approval of the Brilliant Lighting Enterprise Agreement 2022. The dispute involved the company's attempt to alter the terms and conditions of employment for its workers. The Fair Work Commission was responsible for examining the agreement and determining whether it met the criteria for approval under the Fair Work Act 2009.

The primary legal issues addressed by the Commission were whether the agreement provided fair and reasonable terms for the employees, if it had been genuinely bargained, and if it adhered to the requirements of the Fair Work Act. Additionally, the Commission had to consider if the agreement complied with the relevant award or registered agreement and if it met the public interest test.

The Fair Work Commission found that the agreement contained provisions that were fair and reasonable for the employees. The Commission determined that the agreement had been genuinely negotiated between the parties and met all the statutory requirements. The agreement also complied with the relevant award and satisfied the public interest test. Consequently, the Commission approved the Brilliant Lighting Enterprise Agreement 2022.

The Fair Work Commission approved the Brilliant Lighting Enterprise Agreement 2022, allowing the company to implement the new terms and conditions of employment for its workers. The Commission's decision affirmed that the agreement met the necessary legal criteria and was in the best interests of both the employees and the company.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established