DECISION

Fair Work Act 2009
s.185—Enterprise agreement

High Impact Lighting Pty Ltd T/A High Impact Lighting
(AG2021/4575)

HIGH IMPACT LIGHTING ENTERPRISE AGREEMENT 2021

Live performance industry
COMMISSIONER SIMPSON	BRISBANE, 7 MAY 2021

Application for approval of the High Impact Lighting Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as High Impact Lighting Enterprise Agreement 2021 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by High Impact Lighting Pty Ltd T/A High Impact Lighting (the Applicant). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. 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 requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

High Impact Lighting Pty Ltd, trading as High Impact Lighting, brought an application to the Fair Work Commission for approval of the High Impact Lighting Enterprise Agreement 2021. The dispute centred on the proposed terms of employment for employees within the company, with specific attention to issues such as working hours, overtime, and the application of penalty rates. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements under the Fair Work Act 2009.

The central legal issues the Commission considered were whether the proposed agreement complied with the provisions of the Act, particularly in relation to the mandated protections for employees. Key points included the reasonableness of the working hours proposed, the calculation and application of overtime rates, and the appropriate classification of employees under the agreement. The Commission needed to assess if the agreement provided fair and reasonable terms, as required by the Act, and whether it appropriately balanced the interests of both employers and employees.

In deliberating on these issues, the Commission carefully examined the specifics of the proposed agreement, including the evidence provided by the parties. It considered the standard hours of work, the classification of employees, and the application of penalty rates, among other provisions. Ultimately, the Commission found that the agreement met the statutory requirements and offered fair and reasonable terms for the employees. The Commission approved the agreement, highlighting the importance of the balance achieved between the parties’ interests.

The final orders of the Commission included the approval of the High Impact Lighting Enterprise Agreement 2021, subject to the terms set out in the decision. The agreement was deemed to be in compliance with the Fair Work Act 2009, ensuring that it provided adequate protections and reasonable terms for the employees of High Impact Lighting.

High Impact Lighting Pty Ltd T/A High Impact Lighting

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established