DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Skylighter Fireworks Pty Ltd T/A Skylighter Fireworx
(AG2019/4123)

SKYLIGHTER FIREWORKS ENTERPRISE AGREEMENT 2019

Live performance industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 18 DECEMBER 2019

Application for approval of the Skylighter Fireworks Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Skylighter Fireworks Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Skylighter Fireworks Pty Ltd T/A Skylighter Fireworx. 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. The undertakings are taken to be a term of 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 December 2019. The nominal expiry date of the Agreement is 17 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Skylighter Fireworks Pty Ltd, trading as Skylighter Fireworx, applied to the Fair Work Commission for approval of the Skylighter Fireworks Enterprise Agreement 2019. The applicant sought to implement a new agreement that would govern the terms and conditions of employment for its employees. The dispute centred on whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the legislation.

The legal issues before the Commission included whether the agreement provided for minimum entitlements, whether it was free from prohibited content, and whether it was made in good faith and without coercion. Additionally, the Commission had to assess if the agreement contained appropriate dispute resolution mechanisms and if it had been properly certified by the Australian Bureau of Criminal Intelligence. The applicant argued that the agreement was fair and reasonable, while the objectors raised concerns about specific clauses that they believed did not adequately protect employees' rights.

After considering the submissions from both the applicant and the objectors, the Commission found that the agreement largely complied with the statutory requirements. The Commission noted that while some minor amendments were necessary to address the concerns raised, the overall structure and provisions of the agreement were appropriate. The Commission approved the agreement with the condition that the applicant make the necessary amendments within a specified timeframe. The objectors' concerns were largely addressed, and the agreement was deemed to be fair and reasonable, meeting the standards required under the Fair Work Act.

The final orders included the approval of the Skylighter Fireworks Enterprise Agreement 2019, subject to the applicant making certain amendments. The Commission mandated a specific timeline for the amendments to be completed and provided guidance on the necessary changes. The agreement was thus approved, ensuring that the employees of Skylighter Fireworks would be governed by the terms and conditions outlined in the agreement, subject to the required modifications.

Skylighter Fireworks Pty Ltd T/A Skylighter Fireworx

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established