DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Technicolor Pty Ltd T/A Technicolor Australia
(AG2017/4834)

TECHNICOLOR (BRAESIDE) - AWU ENTERPRISE AGREEMENT 2017-2019

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 7 DECEMBER 2017

Application for approval of the Technicolor (Braeside) - AWU Enterprise Agreement 2017-2019.

[1] An application has been made for approval of an enterprise agreement known as the Technicolor (Braeside) – AWU Enterprise Agreement 2017-2019 (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 T/A Technicolor Australia. The Agreement is a single enterprise agreement.

[2] The Applicant 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] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[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 14 December 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Appendix A

CaseChat Overview and Summary

In the Fair Work Commission, Technicolor Pty Ltd, trading as Technicolor Australia, applied for the approval of the Technicolor (Braeside) - AWU Enterprise Agreement 2017-2019. The Australian Workers Union was the party seeking to have the agreement approved. The dispute centred on the terms and conditions of employment for the employees covered by the agreement, including wages, hours of work, leave entitlements and other employment-related matters. The Commission was required to determine whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, including compliance with the "better off overall test".

The primary legal issue before the Commission was whether the enterprise agreement was sufficiently compliant with the statutory requirements for approval under the Fair Work Act. Specifically, the Commission had to consider whether the agreement met the "better off overall test", which requires that the employees covered by the agreement be no worse off than they would be under their applicable award or modern award, and at least one employee must be better off. The Commission also needed to assess whether the agreement contained mandatory provisions that were fair and reasonable, and whether any provisions that appeared to be non-mandatory were, in fact, mandatory.

After careful consideration of the evidence and submissions from both parties, the Commission found that the Technicolor (Braeside) - AWU Enterprise Agreement 2017-2019 met the statutory requirements for approval under the Fair Work Act. The Commission determined that the agreement was fair and reasonable, and that the "better off overall test" was satisfied. The Commission also found that all provisions of the agreement were either mandatory or non-mandatory, as required by the Act, and that the agreement did not contain any provisions that were unfair or unreasonable. The Commission approved the agreement, which now becomes a legally binding contract between Technicolor Pty Ltd and the employees covered by the agreement.

The Fair Work Commission approved the Technicolor (Braeside) - AWU Enterprise Agreement 2017-2019, finding that it met the statutory requirements for approval under the Fair Work Act. The agreement is now a legally binding contract between Technicolor Pty Ltd and the employees covered by the agreement. The Commission's decision provides certainty and stability for both the employer and employees, and ensures that the agreement is fair and reasonable for all parties involved.

Technicolor Pty Ltd T/A Technicolor Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established