Fuji Xerox Australia Pty Ltd Summary

[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case before the Fair Work Commission, Fuji Xerox Australia Pty Ltd sought approval for The Document Company, Fuji Xerox Australia, Eco Manufacturing Production Employees Enterprise Agreement. The primary dispute involved the terms and conditions of employment as outlined in the proposed agreement, with particular attention to the implications for both the employer and the employees.

The legal issues before the Commission were whether the agreement met the statutory requirements under the Fair Work Act 2009, specifically focusing on whether the agreement was made in good faith and whether it contained the minimum terms and conditions mandated by the Act. Additionally, the Commission had to determine if the agreement appropriately balanced the rights and interests of both parties.

The Commission examined the negotiation process and the contents of the proposed agreement, assessing whether the agreement was reached through genuine and voluntary bargaining. The Commission noted that the agreement provided for a comprehensive set of terms and conditions, including provisions for wages, working hours, and dispute resolution mechanisms. After thorough analysis, the Commission found that the agreement was made in good faith and contained all necessary minimum terms and conditions, thereby satisfying the statutory requirements.

The Fair Work Commission approved the application for the enterprise agreement, mandating that it be registered with the Fair Work Commission and enforceable for the specified period. This decision confirmed that the agreement adequately balanced the interests of both the employer and employees, thereby providing a fair and effective framework for future industrial relations within the company.

Fuji Xerox Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established