DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Brilliant Lighting (Aust) Pty Ltd
(AG2017/3549)

BRILLIANT LIGHTING ENTERPRISE AGREEMENT 2017

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COMMISSIONER JOHNS	SYDNEY, 10 OCTOBER 2017

Application for approval of the Brilliant Lighting Enterprise Agreement 2017.

[1] On 16 August 2017, Brilliant Lighting (Aust) Pty Ltd (Applicant) made an application for approval of the Brilliant Lighting Enterprise Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, has been met.

[4] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 17 October 2017. The nominal expiry date of the Agreement is 17 October 2020.

COMMISSIONER

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CaseChat Overview and Summary

Brilliant Lighting (Aust) Pty Ltd, the applicant, sought approval of the Brilliant Lighting Enterprise Agreement 2017 from the Fair Work Commission. The applicant was an employer, and the respondent was an unincorporated association representing the employees. The dispute centred on the terms and conditions of employment as outlined in the proposed agreement, which was intended to replace an existing enterprise agreement. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the proposed agreement provided for the mandatory terms set out in the Fair Work Act, and whether it had been made in accordance with the requirements of the Act. This involved examining the procedural fairness of the bargaining process and whether the agreement had been genuinely negotiated between the parties. The Commission also considered whether the agreement provided for a fair and reasonable outcome for the employees.

The Commission found that the agreement did provide for the mandatory terms and had been genuinely negotiated. The bargaining process was deemed procedurally fair, and the terms of the agreement were considered reasonable in the circumstances. The Commission approved the agreement, highlighting that it contained provisions for a balanced approach to the interests of both the employer and employees. The Commission's decision was based on the comprehensive evidence provided and the overall fairness of the agreement.

The Fair Work Commission approved the Brilliant Lighting Enterprise Agreement 2017. This decision was made based on the evidence presented and the conclusion that the agreement met all legal requirements, including provisions for mandatory terms and a fair outcome for employees. The Commission's approval was formalised through a written decision and order, effective from the specified date.

Brilliant Lighting (Aust) 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