Technicolor Pty Ltd T/A Vantiva Summary

[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

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.

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.

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.

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.

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.

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Technicolor Pty Ltd trading as Vantiva, sought approval of the Technicolor (Prestons, NSW) – AWU Enterprise Agreement 2024-2026. The Australian Workers’ Union (AWU) was the respondent. The dispute centred around the terms and conditions of employment for employees covered by the agreement. The case was heard in the Fair Work Commission (FWC).

The central legal issues were whether the terms of the proposed agreement were fair and reasonable, and whether the agreement complied with the requirements of the Fair Work Act 2009. The FWC had to determine if the agreement provided for fair and reasonable terms, and whether the process leading to the agreement was fair and appropriate.

The FWC found that the agreement provided for fair and reasonable terms and conditions of employment. The FWC noted the parties' history of negotiation and the good-faith efforts made to reach an agreement. The FWC concluded that the agreement did not contain any terms that would unfairly disadvantage the employees and that it met the standards required by the Fair Work Act. The FWC approved the agreement, stating that it was a fair and reasonable agreement for the employees covered.

No further orders were made by the FWC. The agreement was approved as presented, and the terms contained therein became binding on the parties from the effective date.

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