Technicolor Pty Ltd T/A Vantiva

[2023] FWCA 2919

[2023] FWCA 2919

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Technicolor Pty Ltd T/A Vantiva

(AG2023/3043)

TECHNICOLOR (BRAESIDE) – AWU ENTERPRISE AGREEMENT 2023 – 2025

Manufacturing and associated industries
COMMISSIONER TRAN	MELBOURNE, 11 SEPTEMBER 2023

Application for approval of the Technicolor (Braeside) – AWU Enterprise Agreement 2023 – 2025

1. An application has been made for approval of an enterprise agreement known as the Technicolor (Braeside) – AWU Enterprise Agreement 2023 – 2025 (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 Vantiva.

1. The Agreement is a single enterprise agreement.

1. I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

1. I note that the Notice of Employee Representational Rights (NERR) gave a different name for the Agreement than its final name. Having regard to s 188(5) and the comments of the Full Bench in Huntsman Chemical Company Australia Pty Limited [2019] FWCFB 318, I consider this to be a minor technical error and am satisfied that employees are not likely to have been disadvantaged by the error, as it referred to the trading name of the employer but did also use the employer’s legal entity name in the relevant part.

1. I note further that Clauses 11.2.1, 14.2.1, 19.1 may be inconsistent with the National Employment Standards due to interactions with redundancy pay, public holidays and annual leave, respectively. Given the National Employment Standards precedence clause at Clause 7 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

1. 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.

1. The Agreement is approved and, in accordance with s 54 of the Act, will operate from 18 September 2023.

1. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE521454  PR766111>