DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Technicolor Distribution Australia Pty. Limited
(AG2016/2042)

TECHNICOLOUR DISTRIBUTION PTY LTD AGREEMENT 2015-2018

Storage services
COMMISSIONER LEE	MELBOURNE, 24 FEBRUARY 2016

Application for approval of the Technicolor Distribution Australia Pty Ltd Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Technicolour Distribution Pty Ltd Agreement 2015-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Technicolour Distribution Australia Pty. Limited. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] 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.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The National Union of Workers (NUW) 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 March 2016. The nominal expiry date of the Agreement is 30 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant, Technicolor Distribution Australia Pty Ltd, sought the court's approval for the Technicolor Distribution Australia Pty Ltd Agreement 2015-2018. The application was brought under the Fair Work Act 2009, as the agreement was intended to cover employees who were not members of a union. The Fair Work Commission heard the application. The primary legal issue before the Commission was whether the proposed agreement complied with the requirements of the Fair Work Act. This included determining if the agreement provided for minimum terms and conditions of employment, and if it was consistent with the public interest. The Commission also needed to consider whether the agreement allowed for genuine collective bargaining and if it provided a fair framework for resolving workplace disputes.

In assessing the agreement, the Commission examined its provisions in detail. It found that the agreement provided for adequate minimum terms and conditions, including wages, leave entitlements, and working hours. The Commission was satisfied that the agreement facilitated genuine collective bargaining and included dispute resolution mechanisms that were fair and accessible to the employees. Furthermore, the Commission determined that the agreement was in the public interest, as it provided a balanced framework for the employer and employees to operate within. Given these findings, the Commission approved the agreement, concluding that it met the necessary legal standards under the Fair Work Act.

The Fair Work Commission approved the Technicolor Distribution Australia Pty Ltd Agreement 2015-2018, finding it to be compliant with the Fair Work Act. The agreement was deemed to provide for adequate minimum terms and conditions, facilitate genuine collective bargaining, and be in the public interest. As a result, the Commission determined that the agreement should be registered and would have effect as a registered agreement from the date of the approval. This decision ensures that the agreement will provide a stable and fair framework for the employer and employees going forward.

Technicolor Distribution Australia Pty. Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established