Fuji Xerox Australia Pty Ltd

[2014] FWCA 1412

[2014] FWCA 1412

FAIR WORK COMMISSION

DECISION

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

Fuji Xerox Australia Pty Ltd
(AG2014/3611)

THE DOCUMENT COMPANY, FUJI XEROX AUSTRALIA, TECHNICAL SERVICES OPERATION EMPLOYEES ENTERPRISE AGREEMENT

Business equipment industry
COMMISSIONER BULL	SYDNEY, 27 FEBRUARY 2014

Application for approval of The Document Company, Fuji Xerox Australia, Technical Services Operation Employees Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as The Document Company, Fuji Xerox Australia, Technical Services Operation Employees Enterprise Agreement (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] On 20 February 2014, the Commission sent correspondence to the Applicant and the National Union of Workers (NUW), being a bargaining representative for the Agreement with respect to clause 2.h - Superannuation, and in particular, sub clause 2.h(a)(ii) which states that if the employee does not choose a fund, then by default the employee will remain (or become) a member of the Fuji Xerox Australia Superannuation Plan, or any scheme which may be made in succession thereto.

[3] Pursuant to s.194(h) of the Act an agreement cannot include a term that requires superannuation contributions for default fund employees to be made to a superannuation fund, unless that fund:

● offers a MySuper product
● is an exempt public sector scheme, or
● is a fund of which a relevant employee is a defined benefit member.

[4] The superannuation fund specified at sub clause 2.h(a)(ii) of the Agreement is the Fuji Xerox Australia Superannuation Plan, which could not be found in the approved Australian Prudential Regulation Authority (APRA) list. The Applicant was requested to provide correspondence in this respect.

[5] The Applicant has advised the Commission that the Fuji Xerox Australia Superannuation Plan is compliant with s.194(h) of the Act, which operates from 1 January 2014, and that its members were notified of these changes via correspondence from Mercer. Further, the Applicant submits that the Mercer Super Trust has established The Mercer SmartPath default investment option in order to meet the provisions of MySuper and therefore the fund that is applicable is known as The Mercer Super Trust.

[6] Upon review of the Applicant’s correspondence I am satisfied that The Mercer Super Trust is an approved superannuation fund for the purposes of s.194(h) of the Act.

[7] The Agreement covers technical services operation employees whose work is covered by the Business Equipment Award 2010. I am satisfied that pursuant to s.186(3A) of the Act, this group is fairly chosen as being operationally or organisationally distinct.

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

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

[10] The Agreement is approved. In accordance with s.54(1) the Agreement will operate from 6 March 2014. The nominal expiry date of the Agreement is 30 September 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code G, AE407058  PR548190>