DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Canon Australia Pty Ltd
(AG2019/435)

CANON AUSTRALIA PTY LTD (TECHNICAL CONSULTANTS) ENTERPRISE AGREEMENT, 2019.

Business equipment industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 4 APRIL 2019

Application for approval of the Canon Australia Pty Ltd (Technical Consultants) Enterprise Agreement, 2019.

[1] An application has been made for approval of an enterprise agreement known as the Canon Australia Pty Ltd (Technical Consultants) Enterprise Agreement, 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Canon Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] The Australian Municipal, Administrative, Clerical and Services 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) of the Act, I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 April 2019. The nominal expiry date of the Agreement is 3 April 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application before the Fair Work Commission was brought by Canon Australia Pty Ltd, seeking approval of the Canon Australia Pty Ltd (Technical Consultants) Enterprise Agreement, 2019. The dispute arose from the negotiation and proposed implementation of the enterprise agreement, which aimed to regulate the terms and conditions of employment for technical consultants within the company. The application was considered in the context of ensuring that the agreement met the requirements of the Fair Work Act 2009 and did not disadvantage the employees it sought to cover.

The primary legal issues the Commission had to address were whether the agreement fairly represented the interests of the employees, whether it complied with the provisions of the Fair Work Act, and whether it met the "better off overall" test. This test required the Commission to determine if the proposed agreement provided employees with outcomes that were at least as good as their current conditions, either in terms of pay, conditions, or a combination of both. The Commission also had to ensure that the agreement did not contain any terms that would be contrary to public policy or be otherwise unenforceable.

In reaching its decision, the Commission examined the negotiation process, the content of the proposed agreement, and the submissions made by both the employer and the employees. The Commission considered the evidence provided regarding the nature of the technical consultants' work, the bargaining power of the parties, and the economic climate. After careful consideration, the Commission found that the agreement did not disadvantage the employees and met the "better off overall" test. The proposed conditions were found to be fair and reasonable, and the Commission was satisfied that the agreement would not lead to any adverse outcomes for the employees.

Consequently, the Commission approved the Canon Australia Pty Ltd (Technical Consultants) Enterprise Agreement, 2019, and made orders accordingly. The approval of the agreement ensures that the terms and conditions of employment for the technical consultants are regulated by the new enterprise agreement, providing a framework for their work within Canon Australia. The decision underscores the importance of ensuring that enterprise agreements are fair and meet the statutory requirements under the Fair Work Act.

Canon Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established