Gerard Lighting Pty Ltd T/A Pierlite

[2021] FWCA 6772

[2021] FWCA 6772

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gerard Lighting Pty Ltd T/A Pierlite
(AG2021/8230)

GERARD LIGHTING T/A PIERLITE ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 19 NOVEMBER 2021

Application for approval of the Gerard Lighting T/A Pierlite Enterprise Agreement 2021.

[1] Gerard Lighting T/A Pierlite (the Applicant) has made an application for approval of an enterprise agreement known as the Gerard Lighting T/A Pierlite Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 11 November 2021.

[3] On 11 November 2021, my Chambers sent correspondence to the parties seeking to address concerns with certain aspects of the Agreement and invited the parties to address these matters. The concerns were as follows:

•  Lodgement of a Form F18 was requested from the AWU if it wished for the Agreement to cover the organisation.

•  Chambers sought a revised signature page that complied with regulation 2.06A of the Fair Work Regulations and contained the correct employee signatory authority.

•  Clause 21.2(2)(e)(i) regarding personal/carer’s leave was inconsistent with the National Employment Standards (NES) however the NES precedence term at clause 8.3 of the Agreement is deemed to resolve this concern.

[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) of the Act I note that the Agreement covers this organisation.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 June 2024.

COMMISSIONER

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