Fujifilm Data Management Solutions Australia Pty Ltd

[2022] FWCA 3095

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Fujifilm Data Management Solutions Australia Pty Ltd

(AG2022/3569)

Fujifilm Data Management Solutions SA Enterprise Agreement 2022

Manufacturing and associated industries
COMMISSIONER PLATT	ADELAIDE, 6 SEPTEMBER 2022

Application for approval of the Fujifilm Data Management Solutions SA Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Fujifilm Data Management Solutions SA Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Fujifilm Data Management Solutions Australia Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 1 September 2022.

On 6 September 2022, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

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

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 12 September 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Fujifilm Data Management Solutions Australia Pty Ltd sought approval of the Fujifilm Data Management Solutions SA Enterprise Agreement 2022. The dispute centred around whether the agreement adequately met the statutory requirements for approval under the Fair Work Act 2009. The commission was tasked with assessing the fairness and compliance of the agreement with the legislative framework.

The primary legal issues before the commission included whether the agreement provided for genuine individual employee agreements, the provision of minimum wages and conditions, and whether the agreement was fairly negotiated. Additionally, the commission examined whether the agreement was consistent with the Fair Work (Registered Organisations) Act 2009 and the Fair Work (Transitional Provisions) Act 2009.

The commission determined that the agreement was fairly negotiated and met all statutory requirements. It was found that the agreement provided for genuine individual agreements and adhered to the minimum wage and condition standards. The commission also noted that the agreement was consistent with other relevant legislation. Consequently, the commission approved the agreement under the Fair Work Act 2009.

The commission's decision resulted in the approval of the Fujifilm Data Management Solutions SA Enterprise Agreement 2022. The agreement is now legally binding for the employees covered by it, and both the employer and employees must comply with its terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established