Technicolor Pty Ltd T/A Vantiva

[2024] FWCA 3155

[2024] FWCA 3155

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Technicolor Pty Ltd T/A Vantiva

(AG2024/3026)

TECHNICOLOR (PRESTONS, NSW) - AWU ENTERPRISE AGREEMENT 2024 - 2026

Manufacturing and associated industries
COMMISSIONER CRAWFORD	SYDNEY, 30 AUGUST 2024

Application for approval of the Technicolor (Prestons, NSW) – AWU Enterprise Agreement 2024-2026

1. An application has been made for approval of an enterprise agreement known as the Technicolor (Prestons, NSW) – AWU Enterprise Agreement 2024 - 2026 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act). It has been made by Technicolor Pty Ltd. The Agreement is a single enterprise agreement.

1. The Applicant has provided written undertakings. 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.

1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

1. Noting clause 8 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES. I consider this term will have work to do because the following conditions in the Agreement are inferior to the NES:

· Clause 33: The flexible working arrangements provision in the Agreement only covers requests relating to care of a child. The NES allows requests to be made in a broader range of circumstances: s.65(1A) of the FW Act.

· Clause 31: The compassionate leave clause in the Agreement does not refer to the NES entitlements concerning still birth and miscarriage: s.104(1)(b) and (c) of the FW Act.

1. The Australian Workers’ Union (AWU) lodged a Form F18 statutory declaration giving notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2) of the FW Act, I note the Agreement covers the AWU.

1. The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

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