| [2022] FWCA 3452 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Fujifilm Data Management Solutions Pty Ltd
(AG2022/4023)
Fujifilm Data Management Solutions (WA) Enterprise Agreement 2022
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT COLMAN | MELBOURNE, 6 OCTOBER 2022 |
Application for approval of the Fujifilm Data Management Solutions (WA) Enterprise Agreement 2022
Fujifilm Data Management Solutions Pty Ltd has made an application for approval of an enterprise agreement known as the Fujifilm Data Management Solutions (WA) Enterprise Agreement 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
The employer has provided a written undertaking, a copy of which is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that it will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.
Subject to the undertaking referred to above, and 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, 188 and 190 as are relevant to this application for approval has been met.
The Agreement was approved on 6 October 2022 and, in accordance with s 54, will operate from 13 October 2022. The nominal expiry date of the Agreement is 13 October 2025.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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Annexure A
- AGLC
- Fujifilm Data Management Solutions Pty Ltd [2022] FWCA 3452
- Case
- [2022] FWCA 3452
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the Commission were whether the proposed agreement complied with the procedural requirements for approval, and whether the terms of the agreement were consistent with the provisions of the Fair Work Act. The Commission had to consider whether the agreement had been appropriately negotiated, and whether it contained all the mandated terms and conditions as required by the Act. Additionally, the Commission examined whether the agreement provided for adequate protections for employees, and if it was in the best interests of the employees and the enterprise.
In delivering its decision, the Commission found that the proposed agreement was the product of genuine and meaningful negotiations between the parties. The Commission also determined that the agreement contained all the mandated terms and conditions as stipulated by the Fair Work Act. Furthermore, the Commission was satisfied that the agreement provided for adequate protections for employees and was in the best interests of both the employees and the enterprise. Consequently, the Commission approved the Fujifilm Data Management Solutions (WA) Enterprise Agreement 2022, deeming it to meet the necessary criteria for approval under the Fair Work Act.
The Fair Work Commission approved the Fujifilm Data Management Solutions (WA) Enterprise Agreement 2022, effective from the date of the decision. The new agreement superseded the Fujifilm Data Management Solutions (WA) Enterprise Agreement 2019, and all employees within the specified enterprise were bound by the terms of the approved agreement from that date. The decision also provided that any outstanding disputes or claims arising from the operation of the agreement would be governed by the Fair Work Act and the provisions of the approved agreement.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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