Technicolor Pty Ltd
[2014] FWCA 4291
•26 JUNE 2014
[2014] FWCA 4291 |
FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Technicolor Pty Ltd
(AG2014/6487)
TECHNICOLOR (BRAESIDE) - AWU ENTERPRISE AGREEMENT 2014 - 2017
Manufacturing and associated industries | |
COMMISSIONER RYAN | MELBOURNE, 26 JUNE 2014 |
Application for approval of the Technicolor (Braeside) - AWU Enterprise Agreement 2014 - 2017.
[1] An application has been made for approval of an enterprise agreement known as the Technicolor (Braeside) - AWU Enterprise Agreement 2014 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Technicolor Pty Ltd (the Employer). The agreement is a single-enterprise agreement.
[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.
[3] The consultation clause in the Agreement does not contain a consultation term with the content required by s.205(1) and (1A) of the Act.
[4] I have not sought an undertaking from the Employer pursuant to s.190 of the Act. In this regard I am relying on a decision of the Full Bench of the Fair Work Commission in [2014] FWCFB 4011 which states at [25]:
“...s.190 only arises when a member has concerns an agreement does not comply with ss.186 and 187. It is not applicable where an agreement does not contain a consultation term as required by s.205.”
[5] As such pursuant to s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement and is appended at Appendix A.
[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. As required by s.201(2) I note that the Agreement covers the organisation.
[7] The Agreement is approved and, in accordance with s.54(1), will operate from 3 July 2014. The nominal expiry date of the Agreement is 30 June 2017.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<Price code C, AE408823 PR552517>
APPENDIX A
0