DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Technicolor Pty Ltd
(AG2015/2872)

TECHNICOLOR (ALEXANDRIA, NSW) - AWU ENTERPRISE AGREEMENT 2015-2018

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 25 JUNE 2015

Application for approval of the Technicolor (Alexandria, NSW) - AWU Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the
Technicolor (Alexandria, NSW) - AWU Enterprise Agreement 2015-2018 (the Agreement). The application was made pursuant to s185 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 Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Australian Workers’ Union, being bargaining representatives for the Agreement, have given notice under s183 of the Act that it wants the Agreement to cover it. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 2 July 2015. The nominal expiry date of the Agreement is 30 June 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves Technicolor Pty Ltd and the Australian Workers' Union, with the matter being heard in the Fair Work Commission. The dispute revolves around the application for the approval of the Technicolor (Alexandria, NSW) - AWU Enterprise Agreement 2015-2018. The primary legal issue before the court was whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement had been made in the course of genuine bargaining, and if it contained the necessary minimum terms and conditions as stipulated by the Act.

The court examined the evidence presented to determine the authenticity and voluntariness of the bargaining process. It considered whether there was coercion, undue influence, or any other factors that might have compromised the integrity of the agreement. Additionally, the court assessed whether the agreement contained all the required minimum terms and conditions, and whether any of the provisions were unfair. The court found that the bargaining process was genuine and that the agreement contained all the necessary minimum terms and conditions. It also determined that none of the provisions were unfair.

Consequently, the court approved the Technicolor (Alexandria, NSW) - AWU Enterprise Agreement 2015-2018. The decision was based on the evidence that the agreement had been made in good faith and contained all the necessary minimum terms and conditions. The court's approval ensures that the agreement is legally binding and enforceable, providing a framework for the employment relationship between Technicolor Pty Ltd and its employees.

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