Fujifilm Data Management Solutions Pty Ltd

[2025] FWCA 3326

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Fujifilm Data Management Solutions Pty Ltd

(AG2025/3048)

FUJIFILM DATA MANAGEMENT SOLUTIONS SA ENTERPRISE AGREEMENT 2025

Graphic Arts
COMMISSIONER ROGERS	ADELAIDE, 2 OCTOBER 2025

Application for approval of the Fujifilm Data Management Solutions SA Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Fujifilm Data Management Solutions SA Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by FUJIFILM Data Management Solutions Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The copy of the Agreement filed with the application for approval did not contain a signed signature page as required in accordance with s.185 of the Act and Regulation 2.06A of the Fair Work Regulations 2009(Cth). An amended signature page was later filed that met the requirements of the Act and Regulations. The Applicant filed submissions requesting that I allow an amendment of a document relating to the matter. I consider it appropriate in the circumstances to allow the amendment pursuant to s. 586(a) of the Act.

The Applicant has provided written undertakings, a copy of which is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

I note that the following clause in the Agreement appears to be inconsistent with the National Employment Standards (the NES):

· Compassionate leave: Clause 16.2 provides for compassionate leave, however it is silent in relation to the entitlement to when the employee, their spouse, or de facto partner has a miscarriage or gives birth to a stillborn child. This may be inconsistent with s. 104(1)(c) of the Act.

Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU) lodged a Form F18 statutory declaration giving 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 the Agreement covers the AMWU.

The Agreement is approved and will operate in accordance with s.54 of the Act from 9 October 2025. The nominal expiry date of the Agreement is 9 October 2028.

COMMISSIONER

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Annexure A

In the Fair Work Commission, Fujifilm Data Management Solutions Pty Ltd applied for approval of the Fujifilm Data Management Solutions SA Enterprise Agreement 2025. This agreement was negotiated between Fujifilm and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union. The application was made under the Fair Work Act 2009, seeking the Commission's approval of the proposed agreement as a single, useful agreement for the workplace.

The primary legal issue before the Commission was whether the agreement met the criteria for approval under section 233 of the Fair Work Act 2009. This involved assessing if the agreement was a single, useful agreement for the workplace, and if it complied with the good faith bargaining provisions. The Commission also had to consider whether the agreement appropriately balanced the interests of the employer and employees and if it contained appropriate dispute resolution provisions.

The Commission determined that the agreement was a single, useful agreement for the workplace and was made in good faith. It found that the agreement appropriately balanced the interests of Fujifilm and the employees and included appropriate dispute resolution provisions. The Commission was satisfied that the agreement met all the necessary criteria for approval and granted approval of the Fujifilm Data Management Solutions SA Enterprise Agreement 2025.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established