DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Technicolor Pty Ltd
(AG2018/6894)

TECHNICOLOR (ALEXANDRIA, NSW) - AWU ENTERPRISE AGREEMENT 2018-2021

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 4 MARCH 2019

Application for approval of the Technicolor (Alexandria, NSW) - AWU Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the Technicolor (Alexandria, NSW) - AWU Enterprise 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 Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[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] I note that Clauses 25 - 26, 30, 24.2(c) are inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 8 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 March 2019. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Technicolor Pty Ltd applied to the Fair Work Commission for approval of the Technicolor (Alexandria, NSW) - AWU Enterprise Agreement 2018-2021. The agreement was made between Technicolor, a company operating in the motion picture industry, and the Australian Workers' Union, which represents the employees of Technicolor. The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009, including the need for it to be in the best interests of the employees it covered.

The legal issues before the Commission included whether the agreement provided for fair and reasonable terms and conditions for the employees, whether it met the 'better off overall test' and whether the agreement complied with the 'good faith' requirement. The Commission also needed to consider whether the agreement was consistent with the Fair Work (Registered Organisations) Act 2009, including the requirement for the union to have sufficient support from the employees.

The Commission found that the agreement met the requirements of the Act. It provided for fair and reasonable terms and conditions for the employees, including provisions for pay rates, hours of work, leave entitlements and other conditions of employment. The Commission was satisfied that the agreement met the 'better off overall test', meaning that the employees were not worse off under the new agreement. The Commission also found that the agreement was made in good faith and was consistent with the requirements of the Fair Work (Registered Organisations) Act 2009. The union had sufficient support from the employees and had followed the correct procedures in making the agreement.

The Commission approved the agreement, noting that it provided a fair and reasonable outcome for the employees and was consistent with the requirements of the relevant legislation. The agreement will now be registered and will come into effect on 1 January 2018.

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