DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fujifilm Data Management Solutions Australia Pty Ltd
(AG2021/4693)

FUJIFILM DATA MANAGEMENT SOLUTIONS AUSTRALIA RAVENHALL PRODUCTION EMPLOYEES ENTERPRISE AGREEMENT 2021

Graphic Arts
DEPUTY PRESIDENT COLMAN	MELBOURNE, 28 APRIL 2021

Application for approval of the FujiFilm Data Management Solutions Australia Ravenhall Production Employees Enterprise Agreement 2021.

[1] Fujifilm Data Management Solutions Australia Pty Ltd has made an application for approval of an enterprise agreement known as the FujiFilm Data Management Solutions Australia Ravenhall Production Employees Enterprise Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[3] The Australian Manufacturing Workers’ Union, 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 28 April 2021 and, in accordance with s 54, will operate from 5 May 2021. The nominal expiry date of the Agreement is 22 January 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Fujifilm Data Management Solutions Australia Pty Ltd sought approval for the FujiFilm Data Management Solutions Australia Ravenhall Production Employees Enterprise Agreement 2021 from the Fair Work Commission. The matter involved the application for the approval of an enterprise agreement, specifically concerning the terms and conditions of employment for employees at the Ravenhall production site. The Fair Work Commission, as the relevant authority, was tasked with determining whether the agreement met the necessary legislative requirements and was in the best interests of the employees.

The primary legal issues that the Commission had to address were whether the agreement complied with the provisions of the Fair Work Act 2009, particularly in terms of procedural fairness and the protection of employees' rights. This included verifying that the agreement was genuinely negotiated and that it provided fair and reasonable terms for the employees. The Commission also had to consider whether the agreement provided for a minimum safety net of entitlements, as required by law.

After examining the application and the supporting documentation, the Commission found that the agreement was properly negotiated and contained terms that were fair and reasonable. The agreement was approved as it provided for a minimum safety net of entitlements and adhered to the statutory requirements under the Fair Work Act 2009. The Commission was satisfied that the process followed was procedurally fair and that the agreement was in the best interests of the employees. Consequently, the Fair Work Commission approved the FujiFilm Data Management Solutions Australia Ravenhall Production Employees Enterprise Agreement 2021.

Fujifilm Data Management Solutions Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established