Fuji Xerox Australia Pty Ltd

[2015] FWCA 7450

[2015] FWCA 7450

FAIR WORK COMMISSION

DECISION

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

Fuji Xerox Australia Pty Ltd
(AG2015/5741)

FUJI XEROX AUSTRALIA, TECHINICAL SERVICES OPERATION EMPLOYEES ENTERPRISE AGREEMENT 2015-2018

Business equipment industry
DEPUTY PRESIDENT BULL	SYDNEY, 30 OCTOBER 2015

Application for approval of the Fuji Xerox Australia, Technical Services Operation Employees Enterprise Agreement 2015-2018

[1] An application has been made by Fuji Xerox Australia Pty Ltd (the applicant) for the approval of an enterprise agreement known as the Fuji Xerox Australia, Technical Services Operation 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.

[2] The National Union of Workers – New South Wales Branch (NUW NSW) was an employee organisation involved in the agreement making process. The union has filed a statutory declaration (F18) stating that they support the approval of the Agreement and wish to be covered by the Agreement.

[3] The Agreement covers only technical services operation employees whose work is otherwise covered by the Business Equipment Award 2010 (the Award). As per the requirement under s.186(3) of the Act, I am satisfied that the group of employees to be covered by the Agreement was fairly chosen based on the operational distinction of the employees having been chosen.

[4] With respect to the better off overall test (BOOT) under s.186 of the Act, the terms and conditions under the Agreement are more beneficial than the Business Equipment Award 2010, being the relevant reference instrument for the purposes of the BOOT, including:

1. Significantly higher base rates of pay;

2. Increased shift loadings for both afternoon and night shift;

3. Greater minimum engagement period for casual employees; and

4. Greater higher duties payment provision

Conclusion

[5] Taking into account the higher rates of pay, and greater entitlements under the Agreement when compared to the Award, I am satisfied that the Agreement results in employees being better off under the Agreement.

[6] The NUW NSW has stated in its F18 that it wishes to be covered by the Agreement, in accordance with s.201(2) of the Act, I note that the Agreement covers this employee organisation.

[7] 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.

[8] The Agreement is approved. In accordance with s.54(1), the Agreement will operate from 6 November 2015. The nominal expiry date of the Agreement is 30 September 2018.

DEPUTY PRESIDENT

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