Gerard Lighting Pty Ltd T/A Pierlite Summary

[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Gerard Lighting Pty Ltd T/A Pierlite sought approval of the Gerard Lighting T/A Pierlite Enterprise Agreement 2021. The applicant is an employer and the respondent is the relevant union. The union represents employees who are classified as "tradespersons". The union argued that the enterprise agreement was not appropriately made because the employer had not given the union an opportunity to make a submission on the proposed agreement before it was certified. The employer argued that there was no requirement to provide such an opportunity. The court was required to determine whether the union was entitled to a submission period and, if so, whether the employer's failure to provide such a period meant that the agreement could not be approved.

The court found that the union was entitled to a submission period. However, the court also found that the employer's failure to provide such a period did not mean that the agreement could not be approved. The court held that the union had not demonstrated that it had suffered any prejudice from the employer's failure to provide a submission period. The court held that the union's failure to demonstrate prejudice meant that the employer's failure to provide a submission period did not invalidate the agreement. The court approved the enterprise agreement.

The court ordered that the Gerard Lighting T/A Pierlite Enterprise Agreement 2021 be approved. The court also ordered that the enterprise agreement be registered in the Register of Approved Enterprise Agreements.

Gerard Lighting Pty Ltd T/A Pierlite

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established