1
Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch. 3, Item 20A(4) - Application to extend default period for agreement-based transitional
instruments
Brightlite Nominees Pty Ltd T/A Beacon Lighting
(AG2024/2330)
Storage services
DEPUTY PRESIDENT WRIGHT
DEPUTY PRESIDENT ROBERTS
DEPUTY PRESIDENT SLEVIN
SYDNEY, 17 SEPTEMBER 2024
Application to extend the default period for a zombie agreement for Beacon Lighting
(Western Australia and South Australia) Certified Agreement 2005, Beacon Lighting
(Victoria and Tasmania) Certified Agreement 2005, Beacon Lighting (Queensland and
Northern Territory) Certified Agreement 2005, Beacon Lighting (New South Wales and
Australian Capital Territory) Certified Agreement 2005, Beacon Lighting Warehouse
Collective Agreement 2007, Beacon Lighting (Electricians) Collective Agreement 2007,
Beacon Lighting (Store Support) Collective Agreement 2007
[1] Brightlite Nominees Pty Ltd T/A Beacon Lighting (the Applicant) has applied to
extend the default period for the Beacon Lighting (Western Australia and South Australia)
Certified Agreement 2005 (AG839109), Beacon Lighting (Victoria and Tasmania) Certified
Agreement 2005 (AG839111), Beacon Lighting (Queensland and Northern Territory)
Certified Agreement 2005 (AG839110), Beacon Lighting (New South Wales and Australian
Capital Territory) Certified Agreement 2005 (AG839112), Beacon Lighting Warehouse
Collective Agreement 2007 (AC308093), Beacon Lighting (Electricians) Collective
Agreement 2007 (AC304881), Beacon Lighting (Store Support) Collective Agreement 2007
(AC306468) (the Agreements) pursuant to subitem 20A(4) of Sch 3 to the
Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth).
[2] An earlier application was made to extend the default period of the Agreements. In a
decision issued on 5 December 2023, the Full Bench considered that the requirements in
subitem 20A(6)(a) were met and it was appropriate in the circumstances to extend the
Agreements. The Full Bench ordered that the default period for the Agreements be extended
until 30 June 2024 to allow time for a replacement agreement to be made and approved.1
[2024] FWCFB 377
DECISION
AUSTRALIA FairWork Commission
[2024] FWCFB 377
2
[3] The current application, lodged on 4 June 2024, seeks to extend the Agreements until
20 September 2024, or the date which is 7 days after the Applicant’s new enterprise
agreement is approved by the Fair Work Commission. The application was made, in
accordance with subitem 20A(6)(b), on the ground that it is reasonable in the circumstances to
extend the default period where an enterprise agreement has been made that covers the same
employees covered by the Agreements and an application has been made to have the
replacement agreement approved by the Commission under the Fair Work Act 2009. An
application to approve the replacement agreement was lodged with the Commission on 6 June
2024. At the time the current application was made the replacement agreement had not yet
been approved by the Commission.
[4] The Commission has since approved the replacement agreement.2 The replacement
agreement commenced operation on 22 July 2024.
[5] We are satisfied for the purpose of subitem (6)(b) that it is reasonable to extend the
default period for the Agreements.
[6] Pursuant to item 20A(4) of Sch 3 to the Transitional Act, we order that the default
periods for the Agreements are extended until 22 July 2024.
[7] The Agreements are published, in accordance with subitem 20A(10A)(c), on the Fair
Work Commission’s website.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
PR779305
1 [2023] FWCFB 236
2 [2024] FWCA 2620.
OF THE FAIR WORK L MISSION THE SEA
https://www.fwc.gov.au/documents/decisionssigned/pdf/2023fwcfb236.pdf
https://www.fwc.gov.au/documents/decisionssigned/pdf/2024fwca2620.pdf
