Fuji Xerox Australia Pty Ltd

[2013] FWCA 10053

[2013] FWCA 10053

FAIR WORK COMMISSION

DECISION

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

Fuji Xerox Australia Pty Ltd
(AG2013/11838)

THE DOCUMENT COMPANY, FUJI XEROX AUSTRALIA, ECO MANUFACTURING PRODUCTION EMPLOYEES ENTERPRISE AGREEMENT

Business equipment industry
COMMISSIONER BULL	SYDNEY, 20 DECEMBER 2013

Application for approval of The Document Company, Fuji Xerox Australia, Eco Manufacturing Production Employees Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as The Document Company, Fuji Xerox Australia, Eco Manufacturing Production 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.

Undertakings

[2] An undertaking with respect to clause 4.a - Annual Leave, and in particular, the accrual of annual leave in accordance with the National Employment Standards has been provided by the Applicant.

[3] An undertaking with respect to clause 4.b.i - Personal/Carer’s Leave, and in particular, the accrual of personal and carer’s leave in accordance with the National Employment Standards has been provided by the Applicant.

[4] These undertakings are taken to be terms of the Agreement. A copy of the undertakings is attached at Annexure A.

[5] The Agreement covers production employees employed by Fuji Xerox Australia based at its premises at 3 Shirley Street, Rosehill. I am satisfied that pursuant to s.186(3A) of the Act, this group is fairly chosen as being operationally or organisationally distinct.

[6] 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.

[7] 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 this organisation.

[8] The Agreement is approved. In accordance with s.54(1) the Agreement will operate from 27 December 2013. The nominal expiry date of the Agreement is 30 March 2015.

COMMISSIONER

Annexure A

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