Fujifilm Data Management Solutions Pty Ltd Summary

[2024] FWCA 1658

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Fujifilm Data Management Solutions Pty Ltd

(AG2024/1233)

FUJIFILM DATA MANAGEMENT SOLUTIONS RAVENHALL PRODUCTION EMPLOYEES ENTERPRISE AGREEMENT 2024

Graphic Arts
COMMISSIONER WILSON	MELBOURNE, 6 MAY 2024

Application for approval of the Fujifilm Data Management Solutions Ravenhall Production Employees Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Fujifilm Data Management Solutions Ravenhall Production Employees Enterprise Agreement 2024 (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 Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings 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. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) 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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 May 2024. The nominal expiry date of the Agreement is 22 January 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved Fujifilm Data Management Solutions Pty Ltd and its employees, specifically those at the Ravenhall production site. The company sought approval of the Fujifilm Data Management Solutions Ravenhall Production Employees Enterprise Agreement 2024. The Fair Work Commission was the court responsible for hearing the application. The central legal issue was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009 and the Fair Work Regulations 2009. In particular, the Commission had to determine if the agreement was made in good faith and whether it provided for the appropriate minimum entitlements and conditions of employment.

In examining the application, the Commission considered the evidence and submissions provided by the parties. The Commission looked into whether the agreement provided for fair and reasonable terms and conditions, and if it allowed for the proper operation of the business. The Commission also assessed if the agreement was made in good faith and if the parties had genuinely attempted to reach an agreement. The Commission found that the agreement met the necessary criteria and was in compliance with the relevant legislation.

Consequently, the Commission approved the Fujifilm Data Management Solutions Ravenhall Production Employees Enterprise Agreement 2024. This decision recognised the agreement as a valid and binding instrument between the company and its employees at the Ravenhall production site. The approval signifies that the agreement will now govern the terms and conditions of employment for the employees covered by the agreement. The decision underscores the importance of ensuring that enterprise agreements are made in good faith and provide for fair and reasonable terms and conditions of employment.

Fujifilm Data Management Solutions Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established