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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, the applicant, Fuji Xerox Australia Pty Ltd, sought approval of the Fuji Xerox Australia, Technical Services Operation Employees Enterprise Agreement 2015-2018. The application was made to the Fair Work Commission (FWC) under the Fair Work Act 2009. The dispute involved the terms and conditions of employment for the technical services operation employees of Fuji Xerox Australia. The FWC was required to determine whether the agreement met the requirements for approval under the Fair Work Act.

The central legal issue before the FWC was whether the enterprise agreement complied with the legislative requirements for approval. Specifically, the FWC needed to assess whether the agreement contained the necessary "protected action" provisions, such as minimum wages, penalty rates, and standard and maximum hours of work. Additionally, the FWC had to consider whether the agreement had been made in good faith and whether it complied with the "better off overall test." This test requires that the agreement must provide employees with no less financial benefit than they would receive under the applicable awards or registered agreements.

The FWC examined the terms of the agreement and concluded that it contained all the necessary protected action provisions. The FWC found that the agreement had been made in good faith and met the better off overall test. The FWC noted that the agreement provided employees with improved conditions compared to the applicable awards, including higher wages and better leave provisions. The FWC also considered the views of the parties and the submissions made by the Australian Council of Trade Unions and the Australian Chamber of Commerce and Industry. Based on this analysis, the FWC approved the enterprise agreement.

In approving the agreement, the FWC made an order that the Fuji Xerox Australia, Technical Services Operation Employees Enterprise Agreement 2015-2018 is approved as a registered agreement under the Fair Work Act 2009. The agreement will now apply to the employees covered by the agreement and will remain in effect until the end of the agreement period or until a new agreement is approved.

Fuji Xerox 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