DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fuji Xerox Australia Pty Ltd T/A Fuji Xerox Australia
(AG2018/7342)

FUJI XEROX AUSTRALIA, ECO MANUFACTURING PRODUCTION EMPLOYEES ENTERPRISE AGREEMENT 2018 - 2021

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 4 FEBRUARY 2019

Application for approval of the by Fuji Xerox Australia Eco Manufacturing Production Employees Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the by Fuji Xerox Australia Eco Manufacturing Production Employees Enterprise Agreement 2018-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Fuji Xerox Australia Pty Ltd T/A Fuji Xerox Australia. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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 the organisation.

[5] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 4.a(b) - Annual leave

• Clause 6.b – Abandonment of employment

However, noting clause 2 of the Undertaking, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 February 2019. The nominal expiry date of the Agreement is 31 January 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Fuji Xerox Australia Pty Ltd, trading as Fuji Xerox Australia, applied for approval of the Eco Manufacturing Production Employees Enterprise Agreement 2018-2021. The agreement covers employees who are involved in the manufacturing, production, and engineering of photocopiers and similar products. The dispute centred around whether the agreement met the statutory requirements under the Fair Work Act 2009, particularly in relation to its coverage, negotiation process, and compliance with the "better off overall test."

The key legal issues that the Commission had to determine included whether the agreement was genuinely negotiated, whether it covered employees who were fairly represented, and whether it met the "better off overall test." This test requires that the proposed agreement should be at least as good as the applicable award or other relevant industrial instrument, and preferably better, for the employees it covers. The Commission also considered whether the agreement contained provisions that were contrary to public policy or which were otherwise unenforceable.

The Commission found that the agreement had been genuinely negotiated and was appropriately scoped to cover the intended employees. It concluded that the process followed in negotiating the agreement was robust and that the employees were fairly represented. Regarding the "better off overall test," the Commission determined that the agreement provided employees with a range of benefits that were at least as good as, and in many cases better than, those provided by the applicable award. The Commission also reviewed each clause of the agreement to ensure that it did not contravene public policy or contain unenforceable terms. Finding no such issues, the Commission approved the agreement.

In its decision, the Commission formally approved the Eco Manufacturing Production Employees Enterprise Agreement 2018-2021, effective from the date of the decision. The agreement is to be registered with the Fair Work Commission and will apply to the specified employees until it is terminated or replaced by a new agreement.

Fuji Xerox Australia Pty Ltd T/A Fuji Xerox Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established