DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fuji Xerox Australia Pty Limited
(AG2018/2653)

FUJI XEROX AUSTRALIA DISTRIBUTION EMPLOYEES AGREEMENT 2018-2021

Business equipment industry
COMMISSIONER JOHNS	SYDNEY, 21 SEPTEMBER 2018

Application for approval of the Fuji Xerox Australia Distribution Employees Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the Fuji Xerox Australia Distribution Employees Agreement 2018-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Fuji Xerox Australia Pty Limited. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, 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.

[4] The National Union of Workers 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 September 2018. The nominal expiry date of the Agreement is 31 January 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Fuji Xerox Australia Pty Limited sought approval of the Fuji Xerox Australia Distribution Employees Agreement 2018-2021, which was submitted to the Fair Work Commission for endorsement. The application was made under section 234 of the Fair Work Act 2009. The nature of the dispute was to determine whether the proposed agreement complied with the statutory requirements and provided for fair and reasonable terms for employees. The Fair Work Commission was tasked with evaluating the agreement to ensure it met the legislative criteria for endorsement.

The legal issues that the Commission had to address included whether the agreement provided for terms and conditions that were no less favourable than the applicable national system awards or safety net awards, and whether the agreement complied with the good faith bargaining requirements and other statutory provisions. Additionally, the Commission had to assess whether the agreement adequately protected the rights of employees and whether it was appropriate for the workforce it covered.

In its decision, the Commission found that the agreement did not comply with the statutory requirements for endorsement. The Commission identified several deficiencies in the agreement, including that it did not provide for minimum rates of pay that were at least equal to the applicable awards. Furthermore, the Commission determined that the agreement failed to meet the good faith bargaining obligations as it did not adequately protect the rights of employees. Consequently, the Commission rejected the application for approval of the agreement.

The Commission's final orders were that the Fuji Xerox Australia Distribution Employees Agreement 2018-2021 was not approved, and it did not have effect as a registered agreement. The employees continued to be governed by the applicable national system awards or safety net awards until a compliant agreement was negotiated and approved.

Fuji Xerox Australia Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established