DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Technicolor Pty Ltd
(AG2021/5849)

TECHNICOLOR (PRESTONS, NSW) -AWU ENTERPRISE AGREEMENT 2021- 2023

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 6 JULY 2021

Application for approval of the Technicolor (Prestons, NSW) - AWU Enterprise Agreement 2021-2023.

[1] An application has been made for approval of an enterprise agreement known as the Technicolor (Prestons, NSW) - AWU Enterprise Agreement 2021-2023 (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 Ltd. 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 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 July 2021. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Technicolor Pty Ltd and the Australian Workers' Union (AWU). The application before the Fair Work Commission was to approve the Technicolor (Prestons, NSW) - AWU Enterprise Agreement 2021-2023. The dispute centred on the terms and conditions of employment outlined in the proposed agreement, including issues such as wages, hours of work, and other employment-related matters.

The legal issues the court had to decide involved whether the agreement met the procedural requirements under the Fair Work Act 2009 and whether the agreement was in the best interests of the employees. The court also had to determine if the agreement was fair and reasonable in all its terms and conditions, and whether it had been genuinely negotiated between the parties.

The court examined the evidence provided by both parties, including the negotiation process and the contents of the agreement. The court found that the agreement had been negotiated in good faith and that it contained provisions that were fair and reasonable. The court also noted that the agreement met all the procedural requirements under the Fair Work Act. Consequently, the court approved the Technicolor (Prestons, NSW) - AWU Enterprise Agreement 2021-2023, finding that it was in the best interests of the employees and met the criteria for approval.

Technicolor Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established