[2019] FWCA 3837

The attached document replaces the document previously issued with the above code on 3 June 2019.

The Agreement title referenced in the Decision has been fixed to remove “Australia” from the Agreement title.

Deputy President Masson’s Chambers

4 June 2019.

[2019] FWCA 3837

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Technicolor Distribution Pty. Limited
(AG2019/1750)

TECHNICOLOR DISTRIBUTION PTY LTD AGREEMENT 2018-2021

Storage services
DEPUTY PRESIDENT MASSON	MELBOURNE, 3 JUNE 2019

Application for approval of the Technicolor Distribution Pty Ltd Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the Technicolor Distribution Pty Ltd Agreement 2018-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Technicolor Distribution Pty. Limited. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 June 2019. The nominal expiry date of the Agreement is 30 September 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Technicolor Distribution Pty. Limited, an Australian company in the film and television distribution industry. The company sought approval from the Fair Work Commission for a new enterprise agreement, known as the Technicolor Distribution Pty Ltd Agreement 2018-2021. The dispute centred on the terms and conditions of employment for Technicolor's staff and the fairness of the proposed agreement.

The central legal issues that the Commission had to address included whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, whether it was free from coercion, harassment, or undue influence, and whether it provided for fair and reasonable terms and conditions. Additionally, the Commission had to determine if the agreement would be in the best interests of the employees, considering factors such as the impact on wages, hours of work, and other employment conditions.

The Fair Work Commission found that the proposed agreement was procedurally sound, as it had been negotiated in good faith and the process adhered to the legal requirements. The Commission also determined that the agreement was fair and reasonable, taking into account the industry standards and the specific circumstances of Technicolor's workforce. The agreement was approved, as it provided for fair and reasonable terms and conditions, including provisions for wages, hours of work, and other employment matters. The Commission further found that the agreement was in the best interests of the employees, as it provided for a fair balance of rights and obligations between the parties.

The final orders included the approval of the Technicolor Distribution Pty Ltd Agreement 2018-2021, which would govern the employment terms and conditions for Technicolor's staff for the specified period. The Commission also directed that the agreement be registered with the Fair Work Commission, making it a legally binding enterprise agreement under the Fair Work Act 2009.

Technicolor Distribution 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