Technicolor Pty Ltd T/A Vantiva Summary

[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

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.

The Agreement is a single enterprise agreement.

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.

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.

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.

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.

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

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

COMMISSIONER

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CaseChat Overview and Summary

The parties to the matter were Technicolor Pty Ltd trading as Vantiva, and the Australian Workers Union (AWU). The dispute involved an application for the approval of the Technicolor (Braeside) – AWU Enterprise Agreement 2023 – 2025. The case was heard by the Fair Work Commission (FWC). The legal issues before the Commission centred on whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009 (Cth). Specifically, the Commission needed to determine if the agreement was in the public interest, if it complied with the procedural requirements of the Act, and if it provided for a fair and equitable outcome for both parties.

The FWC evaluated the agreement against these criteria, considering submissions from both Technicolor and the AWU. The Commission noted the absence of any objections from other stakeholders and found that the agreement was consistent with the principles of the National Workplace Relations System. The FWC examined the procedural fairness, the terms of the agreement, and its impact on the employees. The Commission found that the agreement was fair and reasonable, and it met the requirements of the Act. It was concluded that the agreement was in the public interest and would provide a fair and equitable outcome for both parties.

As a result, the FWC approved the Technicolor (Braeside) – AWU Enterprise Agreement 2023 – 2025. The agreement was approved on the basis that it complied with the statutory requirements and was in the public interest. The decision was made on the basis that the agreement was fair and reasonable and would provide a fair and equitable outcome for both parties. The Commission did not make any orders as the approval of the agreement was the final outcome of the application.

Technicolor Pty Ltd T/A Vantiva

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established