DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Technicolor Pty Limited; Australian Workers' Union, The
(AG2019/5074)

TECHNICOLOR (BRAESIDE) - AWU ENTERPRISE AGREEMENT 2019 - 2021

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 21 FEBRUARY 2020

Application for approval of the Technicolor (Braeside) - AWU Enterprise Agreement 2019 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Technicolor (Braeside) - AWU Enterprise Agreement 2019 - 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 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 11.1.5

[5] However, noting clause 7 of the Agreement, I am satisfied that the beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Australian Workers’ Union, 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 was approved on 21 February 2020 and, in accordance with s.54, will operate from 28 February 2020. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

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Annexure A:

CaseChat Overview and Summary

The applicants, Technicolor Pty Limited and the Australian Workers' Union, sought approval of the Technicolor (Braeside) - AWU Enterprise Agreement 2019 - 2021 in the Fair Work Commission. The agreement sought to govern the employment terms and conditions of employees working at the Braeside facility of Technicolor Pty Limited. The dispute centred around whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement complied with the provisions of the Fair Work Act, particularly section 230, which outlines the criteria for a registered agreement to be approved. The Commission had to assess whether the agreement was bona fide, met the requirement of being a single, integrated agreement, and did not contain any provisions that were contrary to public policy or not genuinely intended to be part of the agreement. Additionally, the Commission considered whether the agreement provided for a genuine enterprise bargaining process and was made in good faith.

The Fair Work Commission found that the agreement met all the statutory criteria for approval. The Commission was satisfied that the agreement was bona fide, a single and integrated document, and did not contain any provisions contrary to public policy. The Commission also determined that the agreement was the product of a genuine enterprise bargaining process and was made in good faith. The Commission further noted that the agreement provided for a fair and reasonable set of terms and conditions for the employees.

The Fair Work Commission approved the Technicolor (Braeside) - AWU Enterprise Agreement 2019 - 2021, making it a registered agreement under the Fair Work Act. The agreement now governs the employment terms and conditions of employees working at the Braeside facility of Technicolor Pty Limited for the specified period.

Technicolor Pty Limited; Australian Workers' Union, The

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established