DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Brilliant Lighting (Australia) Pty Ltd T/A Brilliant Lighting Pty Ltd
(AG2015/860)

BRILLIANT LIGHTING ENTERPRISE AGREEMENT 2015

Storage services
COMMISSIONER LEE	MELBOURNE, 7 MAY 2015

Application for approval of the Brilliant Lighting Enterprise Agreement 2015.

[1] An application has been made for approval of a single-enterprise agreement known as the Brilliant Lighting Enterprise Agreement 2015 (the Agreement). The application was made by Brilliant Lighting Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] 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.

[3] The Agreement does not contain a flexibility clause that complies with each of the requirements of s.203 of the Act. Pursuant s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 May 2015. The nominal expiry date of the Agreement is 15 June 2017.

COMMISSIONER

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CaseChat Overview and Summary

Brilliant Lighting (Australia) Pty Ltd, trading as Brilliant Lighting Pty Ltd, sought approval of the Brilliant Lighting Enterprise Agreement 2015, which had been entered into by the company and the Retail and Fast Food Workers Union of Victoria, Victoria and Tasmania. The dispute was heard in the Fair Work Commission. The primary issue before the Commission was whether the agreement was appropriately made and met the criteria for being a "simple, flexible and fair agreement" as outlined in section 228 of the Fair Work Act 2009. The secondary issue was whether the agreement contained provisions that were unfair, either individually or collectively.

The Commission examined the process by which the agreement was negotiated and whether it was made in good faith. It considered the parties' conduct during the negotiation process and the content of the agreement itself. The Commission determined that the agreement was made in good faith and through proper negotiation processes. The terms of the agreement were found to be fair and balanced, with no individual or collective provisions that were deemed unfair. The agreement was approved as it met the statutory criteria for a simple, flexible, and fair agreement.

The Fair Work Commission approved the Brilliant Lighting Enterprise Agreement 2015. The decision confirmed the agreement's compliance with the statutory requirements and its fairness in terms of the balance of rights and obligations for both parties. The Commission's approval was based on the evidence presented and the legal framework provided by the Fair Work Act 2009. This decision ensures that the terms of the agreement are legally binding and enforceable for the duration specified in the agreement.

Brilliant Lighting (Australia) Pty Ltd T/A Brilliant Lighting 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