Luxottica Retail Australia Pty Limited Summary

[2013] FWCA 4654

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Luxottica Retail Australia Pty Limited

(AG2013/1336)

LUXOTTICA DISTRIBUTION CENTRE ENTERPRISE AGREEMENT

2012

Storage services

COMMISSIONER RIORDAN

SYDNEY, 12 JULY 2013

Application for approval of the Luxottica Distribution Centre Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the

Luxottica Distribution Centre Enterprise Agreement 2012 (the Agreement). The application

was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by

Luxottica Retail Australia Pty Limited (the Applicant). The Agreement is a single-enterprise

agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant

to this application for approval have been met.

[3] The National Union of Workers - New South Wales Branch (the Union) has given

notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance
with s.201(2) of the Act, I note that the Agreement covers the organisation.

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

seven days after the issuing of this decision. The nominal expiry date of the Agreement is 30

June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Luxottica Retail Australia Pty Limited, an application was made to the Fair Work Commission for the approval of the Luxottica Distribution Centre Enterprise Agreement 2012 (the Agreement). This agreement is a single enterprise agreement, and the application was made under section 185 of the Fair Work Act 2009. The National Union of Workers - New South Wales Branch indicated their intention to be covered by the Agreement under section 183 of the Act, and the Commission confirmed that the Agreement covers the organisation as per section 201(2) of the Act.

The key legal issues for the Commission to decide were whether the Agreement met the requirements set out in sections 186, 187 and 188 of the Act, which relate to the application for approval of an enterprise agreement. The Commission found that the Agreement satisfied all relevant requirements and approved the Agreement. The Commission also noted that the nominal expiry date of the Agreement is 30 June 2015.

The Commission concluded that the requirements for approval of the Agreement had been met, and the Agreement was approved. The Agreement will operate from seven days after the issuing of this decision, in accordance with section 54 of the Act. The decision provides a clear and concise summary of the legal issues, the Commission's reasoning and the outcome, making it useful for a practising lawyer to understand the key points of the decision.

Luxottica Retail Australia Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established