Fujifilm Data Management Solutions Pty Ltd

[2025] FWCA 1400

[2025] FWCA 1400

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Fujifilm Data Management Solutions Pty Ltd

(AG2025/919)

FUJIFILM DATA MANAGEMENT SOLUTIONS (NSW) ENTERPRISE AGREEMENT 2025

Manufacturing and associated industries
DEPUTY PRESIDENT ROBERTS	SYDNEY, 29 APRIL 2025

Application for approval of the Fujifilm Data Management Solutions (NSW) Enterprise Agreement 2025

1. An application has been made for approval of an enterprise agreement known as the Fujifilm Data Management Solutions (NSW) 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.

1. The Applicant has provided a written undertaking (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the undertaking. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

1. The Agreement does not contain a consultation term that meets the requirements of s.205 of the Act. Pursuant to section 205(2) of the Act, the model consultation term as determined by the Full Bench in the Model Terms decision [2025] FWCFB 39 is taken to be a term of the Agreement[1].

1. Having regard to the supporting material and the undertaking referred to above, I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval has been met. The undertaking is taken to be a term of the Agreement.

1. I note that Clause 7.1 of the Agreement provides that if there is any inconsistency between this Agreement and the National Employment Standards (NES), the more beneficial provision to an employee prevails.

1. The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ 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.

1. The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 April 2028.

DEPUTY PRESIDENT

Annexure A

[1] See PR784578.

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