Technicolor Pty Ltd Summary

[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

APPENDIX A

CaseChat Overview and Summary

The matter before the court involved Technicolor Pty Ltd, an employer, and the Australian Workers Union, a union representing employees, concerning the approval of the Technicolor (Braeside) - AWU Enterprise Agreement 2014 - 2017. The dispute arose from the union's application for the Fair Work Commission's approval of the enterprise agreement, which the employer contested on several grounds. The court was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The central legal issues the court needed to address were whether the agreement was made in good faith and whether it contained the necessary provisions for minimum entitlements, including terms and conditions of employment. Additionally, the court had to consider if the agreement complied with the procedural requirements set out in the Act, such as proper bargaining and the provision of necessary information to the union. The employer argued that the union had failed to properly bargain and that the agreement did not adequately cover certain minimum entitlements.

In its decision, the court carefully examined the evidence and arguments presented by both parties. It found that the union had engaged in good faith bargaining and that the agreement contained all the necessary minimum terms and conditions. The court also concluded that the procedural requirements of the Act had been met, as the union had provided all required information and the agreement was duly certified. Consequently, the court approved the Technicolor (Braeside) - AWU Enterprise Agreement 2014 - 2017, dismissing the employer's objections.

The court's final order was the approval of the enterprise agreement, effective from the date of the decision. This determination meant that the agreement could be implemented as a binding contract between the employer and the employees covered by the agreement. The court's decision upheld the union's application, ensuring that the agreement would provide the agreed terms and conditions of employment for the relevant period.

Technicolor Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established