DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gerard Lighting Pty Ltd
(AG2018/5317)

GERARD LIGHTING ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 2 APRIL 2019

Application for approval of the Gerard Lighting Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Gerard Lighting Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Gerard Lighting Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Australian Workers’ Union (AWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 April 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Gerard Lighting Pty Ltd applied to the Fair Work Commission for approval of the Gerard Lighting Enterprise Agreement 2018. The applicant, Gerard Lighting, sought to replace existing agreements with a new enterprise agreement. The application faced opposition from the United Voice union, which argued that the proposed agreement did not meet the requirements of the Fair Work Act 2009.

The key issues before the Commission were whether the agreement was made in good faith, if it contained the necessary minimum terms and conditions, and if it was procedurally fair. Gerard Lighting argued that the agreement was made in good faith and contained all minimum terms and conditions. The union contended that the agreement failed to address several issues, including wage increases and redundancy provisions, and that the process leading to the agreement was flawed.

The Commission found that the agreement was made in good faith and contained all the required minimum terms and conditions. It determined that the process was procedurally fair, despite some procedural shortcomings. The Commission considered the overall fairness and reasonableness of the agreement, finding that it provided for a fair and reasonable outcome for employees. Consequently, the application for approval was granted.

The Fair Work Commission approved the Gerard Lighting Enterprise Agreement 2018, effective from 1 July 2018. The decision was made on the basis that the agreement was made in good faith, contained all necessary minimum terms and conditions, and was procedurally fair. The union's objections were not sufficient to prevent the approval of the agreement.

Gerard 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