Fujifilm Data Management Solutions Australia Pty Ltd Summary

[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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved Fujifilm Data Management Solutions Australia Pty Ltd, the applicant, seeking approval of the Fujifilm Data Management Solutions (NSW) Enterprise Agreement 2022. The application was made before the Fair Work Commission under the Fair Work Act 2009. The nature of the dispute was primarily procedural, focusing on the application process and compliance with relevant industrial laws and regulations.

The legal issues before the court were twofold: firstly, whether the application process followed the correct procedural steps, and secondly, whether the proposed agreement met the requirements for approval under the Fair Work Act. Specifically, the court had to examine whether the application was lodged within the stipulated timeframe, if the necessary notices were provided to relevant parties, and if the agreement itself complied with the statutory criteria for approval.

In its decision, the court examined the procedural aspects of the application and found that the applicant had adhered to the necessary processes. The court also reviewed the contents of the proposed agreement, assessing it against the provisions of the Fair Work Act. The court found that the agreement was fair and reasonable and that it met the statutory requirements for approval. It was concluded that the application was properly made and that the agreement could be approved.

The final orders of the court were that the Fujifilm Data Management Solutions (NSW) Enterprise Agreement 2022 be approved. The court directed that the approval would be effective from the date of the decision and that all relevant parties be notified accordingly.

Fujifilm Data Management Solutions Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established