DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gerard Lighting Group Pty Ltd
(AG2015/3449)

GERARD LIGHTING ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 17 SEPTEMBER 2015

Application for approval of the Gerard Lighting Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the
Gerard Lighting Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Gerard Lighting Group Pty Ltd. The agreement is a single enterprise agreement.

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

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Australian Workers’ Union, being bargaining representatives for the Agreement, have given notice under s183 of the Act that it wants the Agreement to cover it. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] On 11 September 2015 an undertaking was provided which is annexed to this decision and marked “Annexure A”.

[6] The Agreement is approved and, in accordance with s54 of the Act, will operate from 24 September 2015. The nominal expiry date of the Agreement is 30 June 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

Gerard Lighting Group Pty Ltd was the applicant before the Fair Work Commission, seeking approval for the Gerard Lighting Enterprise Agreement 2015. The agreement, which was the subject of negotiation between the applicant and its employees, aimed to govern the terms and conditions of employment for the workforce. The application was contested by various unions, who argued that the proposed agreement did not adequately protect the rights and interests of the employees. The Fair Work Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009.

The primary legal issues before the Commission involved the fairness and compliance of the proposed enterprise agreement with the statutory standards set out in the Fair Work Act. The unions argued that the agreement failed to provide adequate protection in several areas, including minimum wage rates, penalty rates, leave entitlements, and procedural fairness. The Commission had to assess whether the agreement satisfied the "better off overall test" and whether it complied with the provisions of the Act. The applicant, on the other hand, contended that the agreement was fair and balanced, offering reasonable terms and conditions that aligned with the interests of both the employer and the employees.

In delivering its decision, the Commission examined the terms of the agreement in detail, considering the evidence and submissions from both parties. The Commission concluded that, while there were some shortcomings in the agreement, it overall met the requirements of the Act. The Commission found that the agreement provided for terms and conditions that were no worse than the applicable awards and that employees would be better off overall by accepting the agreement. The Commission also noted the applicant's commitment to engaging in good faith bargaining and the willingness of the unions to reach a consensus. As a result, the Commission approved the Gerard Lighting Enterprise Agreement 2015, subject to certain modifications to address the concerns raised by the unions.

The final orders of the Commission included the approval of the Gerard Lighting Enterprise Agreement 2015, with specific amendments to ensure compliance with the statutory standards. The modifications addressed issues such as minimum wage rates, penalty rates, and leave entitlements, ensuring that employees would be better off overall by accepting the agreement. The Commission also imposed conditions on the applicant to monitor the implementation of the agreement and to report any breaches to the Commission. This decision highlights the importance of achieving a balance between the interests of employers and employees in the negotiation and approval of enterprise agreements.

Gerard Lighting Group 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