[1] Luxottica Retail Australia Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Luxottica Retail Enterprise Agreement 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The Agreement will apply to employees who are covered by the General Retail Industry Award 2020.

Regulation 2.06 Requirements

[3] The signature page of the Agreement did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to allow an amendment of a document relating to a matter before the FWC and do so pursuant to s.586(a) of the Act.

[4] The Commission identified that 913 casual employees (out of 1,574 employees) were included by the Employer as employees eligible to participate in the vote on the Agreement. The Employer provided submissions showing that all 913 casual employees were employed at the time and entitled to vote. I am satisfied that in light of the Full Bench decision in Appeal by Kmart Australia Limited t/a Kmart and others [2019] FWCFB 7599, [1] the requirement in s. 181(1) of the Act has been met.

[5] The notification of time, place and method of vote occurred on 5 May 2025. Voting for the Agreement commenced on 12 May 2025. This was only 6 clear days prior to the commencement of voting, rather than 7 clear days as required by s.180(3) of the Act. The Employer provided submissions that this matter constituted a minor technical error.

[6] I am satisfied having regard to those submissions and the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others,[2] that these matters constituted minor technical or procedural errors for the purposes of s.188(5) of the Act, and that the employees covered by the Agreement were not likely to have been disadvantaged by the errors.

National Employment Standards (NES) precedence term in Clause 1.1(f) of the Agreement

[7] Clause 5.4(c) of the Agreement states that the taking of annual leave is by mutual agreement and that it is expected that employees will use their leave within 12 months of accrual. This appears inconsistent with s.88 of the Act which does not state expectations around an employee taking annual leave.

[8] Clause 6.4 of the Agreement provides that where an employee is absent from work for three consecutive shifts without notifying the employer, the employer will be entitled to assume that the employee has abandoned their employment. It is unclear if employees deemed to have abandoned their employment in accordance with this clause will be afforded their minimum notice of termination entitlement as per s.117(3) of the Act.

[9] These clauses may be inconsistent with the NES. I note that in accordance with the NES precedence term in Clause 1.1(f) of the Agreement, this clause will be read and interpreted in conjunction with the NES.

[10] 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.

[11] The Shop Distributive and Allied Employees' Association (SDA) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it.

[12] In accordance with s.201(2), I note that the Agreement covers the SDA.

[12]

[13] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 June 2025. The nominal expiry date of the Agreement is 12 June 2029.

[1] [2019] FWCFB 7599.

[2] [2019] FWCFB 318.

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