Fujifilm Data Management Solutions Australia Pty Ltd
[2022] FWCA 1602
•12 MAY 2022
| [2022] FWCA 1602 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Fujifilm Data Management Solutions Australia Pty Ltd
(AG2022/1050)
Fujifilm Data Management Solutions (NSW) Enterprise Agreement 2022
| Publishing industry | |
| DEPUTY PRESIDENT EASTON | SYDNEY, 12 MAY 2022 |
Application for approval of the Fujifilm Data Management Solutions (NSW) Enterprise Agreement 2022.
Fujifilm Data Management Solutions Australia Pty Ltd (the Employer) has made an application for the approval of the Fujifilm Data Management Solutions (NSW) Enterprise Agreement 2022 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.
Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.
I note that the Agreement appears to be silent in relation to Public Holidays. Noting that an historical version of the Graphic Arts - General Award 2000 (which was replaced by a modern award some time ago) is incorporated into the Agreement, which contains Public Holiday entitlements.
Noting the undertaking provided by the Employer, I am satisfied that the more beneficial entitlements of the National Employment Standards (NES) will prevail where there is an inconsistency between the Agreement and the NES.
The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) was a bargaining representative for the Agreement and has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the AMWU.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 May 2022. The nominal expiry date of the Agreement is 30 April 2025.
DEPUTY PRESIDENT
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Annexure A
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