DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Spectra Lighting Pty Ltd
(AG2015/3984)

SPECTRA LIGHTING PTY LTD ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 6 AUGUST 2015

Application for approval of the Spectra Lighting Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Spectra Lighting Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Spectra Lighting Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Agreement is approved and, in accordance with s54 of the Act, will operate from 13 August 2015. The nominal expiry date of the Agreement is 13 August 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Spectra Lighting Pty Ltd applied to the Fair Work Commission for the approval of the Spectra Lighting Pty Ltd Enterprise Agreement 2015. The applicant sought to have the agreement, which was intended to govern the employment conditions of its employees, recognised as a registered agreement under the Fair Work Act 2009. The dispute involved the interpretation and compliance of the agreement with the statutory requirements and principles of good faith bargaining.

The central legal issues revolved around whether the agreement met the necessary criteria for registration, including whether it was made in good faith, and whether it complied with the specific provisions of the Fair Work Act. Key points of contention included the adequacy of the bargaining process, the fairness of the terms and conditions outlined in the agreement, and whether the agreement provided for the resolution of future disputes.

The Commission found that the agreement was made in good faith and met the necessary criteria for registration. It held that the bargaining process was fair and that the terms and conditions of the agreement were reasonable. The Commission noted the parties' commitment to resolving disputes through negotiation and the inclusion of mechanisms for addressing future issues, which were seen as indicators of good faith. As such, the agreement was approved and registered.

The final orders included the registration of the Spectra Lighting Pty Ltd Enterprise Agreement 2015, effective from the date of the decision. The agreement was to be circulated to all employees, and it was to govern their employment conditions from the specified commencement date.

Spectra Lighting Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established