Technicolor Pty Ltd

[2021] FWCA 4268

[2021] FWCA 4268

FAIR WORK COMMISSION

DECISION

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

Technicolor Pty Ltd
(AG2021/6024)

TECHNICOLOR (BRAESIDE) - AWU ENTERPRISE AGREEMENT 2021 - 2023

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 20 JULY 2021

Application for approval of the Technicolor (Braeside) - AWU Enterprise Agreement 2021 - 2023.

[1] Technicolor Pty Ltd (the Applicant) has made an application for approval of an enterprise agreement known as the Technicolor (Braeside) - AWU Enterprise Agreement 2021 - 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 12 July 2021.

[3] On 13 July 2021, my Chambers sent correspondence to the Parties seeking to address concerns with certain aspects of the Agreement and invited the Parties to address these matters. The concerns were as follows:

•  The definition of shiftworker at clause 19.2 was inconsistent with the definition of a shiftworker in clause 34.2 of the relevant Award.

•  The following clauses were identified as being inconsistent with the National Employment Standards:

i. Clause 10.4.2: Notice of termination;

ii. Clause 11.2.1: Employees exempt from Redundancy;

iii. Clause 14.2.1: Substitution for public holiday;

iv. Clause 19.1: Annual leave; and

v. Clause 21.2.1: Personal leave notice.

•  Cross referencing error – Clause 28.2.1 of the Agreement refers to clause 30.1, however, it appears the reference should be to clause 28.1.

[4] The Applicant has provided submissions on the above issues and has submitted an undertaking in the required form dated 15 July 2021. The undertaking deals with the following topics:

•  The definition of a shift worker for the purposes of the National Employment Standards (NES).

•  The Applicant has inserted a National Employment Standards (NES) precedence clause.

[5] A copy of the undertaking has been provided to the bargaining representative and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative did not express any view on the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] As the Agreement does not contain a consultation term which meets the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement.

[8] 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) of the Act I note that the Agreement covers this organisation.

[9] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[10] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 June 2023.

COMMISSIONER

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