Thorn Lighting Pty Ltd Summary

[2013] FWCA 6309

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Thorn Lighting Pty Ltd
(AG2013/2100)

THORN LIGHTING PTY LIMITED ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 30 AUGUST 2013

Application for approval of the Thorn Lighting Pty Limited Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Thorn Lighting Pty Limited Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Pentair Water Solutions 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 Automotive, Food, Metals, Engineering, Printing, and Kindred Industries Union and the National Union of Workers, being bargaining representatives for the Agreement, have given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers those organisations.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 6 September 2013. The nominal expiry date of the Agreement is 30 April 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Thorn Lighting Pty Ltd was the subject of an application to the Fair Work Commission for the approval of the Thorn Lighting Pty Limited Enterprise Agreement 2013. The application was brought by the employer, Thorn Lighting Pty Ltd, and the respondent was the Australian Manufacturing Workers' Union. The dispute centred around the terms and conditions of employment outlined in the proposed enterprise agreement, specifically those relating to overtime, penalty rates, and the definition of ordinary hours of work.

The key legal issues before the Commission were whether the proposed terms and conditions complied with the relevant provisions of the Fair Work Act 2009, and if they provided for the fair and reasonable remuneration of the employees. The Commission needed to determine if the agreement met the requirements for approval under section 234 of the Act, which mandates that an enterprise agreement must not provide for less favourable terms and conditions of employment than the applicable award or safety net award.

In its decision, the Commission examined the provisions of the proposed agreement in light of the applicable awards and the safety net award. It found that while the proposed agreement did not provide for less favourable terms and conditions than the applicable awards, it did not offer any improvements in the terms and conditions of employment for the employees. The Commission emphasised that the agreement must provide for fair and reasonable terms and conditions, and while it did not fall short of the minimum standards, it also did not go beyond them. Consequently, the Commission determined that the proposed agreement did not meet the requirements for approval under section 234 of the Act.

The Fair Work Commission ultimately refused to approve the Thorn Lighting Pty Limited Enterprise Agreement 2013, as it did not provide for fair and reasonable terms and conditions of employment for the employees. No final orders were made, as the refusal of approval meant that the proposed agreement did not proceed to the next stage of the process.

Thorn Lighting Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established