Spectra Lighting Pty Ltd

[2013] FWCA 2617

FAIR WORK COMMISSION

DECISION

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

Spectra Lighting Pty Ltd
(AG2013/350)

SPECTRA LIGHTING PTY LTD ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER SIMPSON	BRISBANE, 1 MAY 2013

Application for approval of the Spectra Lighting Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Spectra Lighting Pty Ltd Enterprise Agreement 2013 (the Agreement). The Application was made pursuant to s.185 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] On 29 April 2013 an undertaking was provided by Mr Kevin Vellnagel of Spectra Lighting Pty Ltd. Pursuant to s.190 of the Act, I accept the Company’s undertaking. A copy of the undertaking is attached to the Agreement and forms part of the Agreement.

[3] I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

[4] The agreement is approved. In accordance with s.54(1) it will operate from 8 May 2013. The nominal expiry date of the agreement is 8 May 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Spectra Lighting Pty Ltd, sought approval of an enterprise agreement from the Fair Work Commission. The dispute centred on the agreement's compliance with the Fair Work Act 2009 and its fairness in terms of the work done by the employees covered by the agreement. The Fair Work Commission was tasked with determining whether the agreement met the necessary legislative criteria and was fair and reasonable in its terms.

The legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act, including the procedural fairness in its making, and whether it contained mandatory terms that were fair and reasonable. Additionally, the Commission had to assess if the agreement provided for appropriate mechanisms for dispute resolution.

The Fair Work Commission found that the agreement was procedurally valid and met the mandatory terms prescribed by the Fair Work Act. The Commission was satisfied that the agreement was fair and reasonable in its terms, considering the specific circumstances of the workplace and the bargaining process. The applicant's submission that the agreement provided for adequate mechanisms for dispute resolution was also accepted by the Commission.

The Fair Work Commission approved the Spectra Lighting Pty Ltd Enterprise Agreement 2013, recognising its compliance with the Fair Work Act and its fairness in terms of the work done by the employees covered by the agreement. The approval was subject to the agreement being registered with the Fair Work Commission, and the applicant was directed to take all necessary steps to give effect to the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established