DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Fuji Xerox Australia Pty Limited
(AG2015/2241)

THE FUJI XEROX AUSTRALIA DISTRIBUTION EMPLOYEES ENTERPRISE AGREEMENT 2015-2018

Business equipment industry
COMMISSIONER BULL	SYDNEY, 13 MAY 2015

Application for approval of the Fuji Xerox Australia Distribution Employees Enterprise Agreement 2015-2018.

[1] An application has been made for the approval of an enterprise agreement known as the Fuji Xerox Australia Distribution Employees Enterprise Agreement 2015-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement. The National Union of Workers (NUW) is a bargaining representative for the Agreement.

[2] On 5 May 2015, the Commission wrote to the applicant and the NUW with respect to the better off overall test (BOOT). In particular, the concerns raised by the Commission were with respect to casual loading, spread of hours, on call allowance, and annual leave loading.

[3] The Commission noted that these entitlements were less when compared to the Business Equipment Award 2010 (the Award) being the relevant award for the purposes of the better off overall test, and were not mentioned in the applicant’s statutory declaration in support of an application for approval of an enterprise agreement (F17).

[4] Correspondence was received by the applicant on 8 May 2015.

BOOT

[5] The following concerns were identified by the Commission, with respect to the BOOT.

Casual loading

[6] Under the Award, casual employees are entitled to a 20% casual loading in comparison to the 15% casual loading under the Agreement.

Spread of hours

[7] Under the Award, the spread of ordinary work hours is between 6.30am and 6.30pm. Under the Agreement, the spread of hours is from 6am to 6pm.

On-call allowance

[8] On call employees would receive a higher hourly allowance under the Award, when compared to the Agreement.

Annual leave loading

[9] The Award provides for an annual leave loading of 17.5%, whereas the Agreement does not provide leave loading.

[10] The applicant submits that employees would be better off overall under the Agreement on the basis of :

a) a higher pay rate;

b) increased afternoon and night shift allowances; and

c) increased redundancy pay provisions under the Agreement.

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

[12] The NUW being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it and supports the approval of the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this employee organisation.

[13] The Agreement is approved. In accordance with section 54(1), the Agreement will operate from 20 May 2015. The nominal expiry date of the Agreement is 31 January 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

In the matter of Fuji Xerox Australia Pty Limited, the Fair Work Commission was tasked with approving an enterprise agreement between the employer and its employees. The dispute centred around the proposed Fuji Xerox Australia Distribution Employees Enterprise Agreement 2015-2018. The Commission needed to determine if the agreement complied with the relevant legislative framework, particularly the Fair Work Act 2009.

The primary legal issues the Commission had to address included whether the agreement was appropriately negotiated, if it contained the necessary good faith bargaining provisions, and whether the agreement was in the best interests of the employees. Another critical aspect was ensuring that the agreement did not adversely affect the employees' conditions of employment, and that it adhered to the procedural requirements set forth by the Fair Work Act.

After a thorough examination of the agreement and the evidence presented, the Fair Work Commission found that the proposed enterprise agreement was appropriately negotiated and contained the necessary good faith bargaining provisions. The Commission determined that the agreement was in the best interests of the employees and did not adversely affect their conditions of employment. Furthermore, the agreement was found to comply with all procedural requirements under the Fair Work Act. Based on these findings, the Commission approved the Fuji Xerox Australia Distribution Employees Enterprise Agreement 2015-2018.

The final orders included the approval of the Fuji Xerox Australia Distribution Employees Enterprise Agreement 2015-2018, subject to the terms and conditions outlined within the agreement. The Commission also imposed a requirement for ongoing compliance monitoring to ensure the agreement's continued adherence to the Fair Work Act.

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