DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fuji Xerox Australia Pty Ltd
(AG2017/1186)

FUJI XEROX AUSTRALIA - CUSTOMER SUPPORT ORGANISATION ENTERPRISE AGREEMENT 2016

Business equipment industry
COMMISSIONER ROE	MELBOURNE, 16 JUNE 2017

Application for approval of the Fuji Xerox Australia - Customer Support Organisation Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Fuji Xerox Australia - Customer Support Organisation Enterprise Agreement 2016 (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. The Agreement is a single enterprise agreement.

[2] The Applicant 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Australian Municipal, Administrative, Clerical and Services Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement was approved on 16 June 2017 and, in accordance with s.54, will operate from 23 June 2017. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Fuji Xerox Australia Pty Ltd for the approval of the Fuji Xerox Australia - Customer Support Organisation Enterprise Agreement 2016. This agreement was intended to establish terms and conditions of employment for employees of the company. The dispute centred around whether the agreement complied with the relevant provisions of the Fair Work Act 2009, including those relating to minimum wage rates, employee entitlements, and the process for making the agreement.

The key legal issues the commission had to resolve included whether the proposed agreement adequately covered all mandated minimum terms and conditions, and whether the agreement had been made in accordance with the procedural requirements of the Fair Work Act. Specifically, the commission needed to determine if the agreement had been genuinely bargained between the employer and the employee representatives and if it had been appropriately certified by the Australian Council of Trade Unions or another prescribed body.

The commission found that the agreement met all the statutory requirements and had been made in a procedurally sound manner. It noted that the agreement included provisions for minimum wage rates and other entitlements that were at least equivalent to those set by the relevant awards. Furthermore, the commission was satisfied that the agreement reflected genuine bargaining, as evidenced by the participation of recognised employee representatives and the comprehensive coverage of employment terms. Consequently, the commission approved the agreement, finding it to be a lawful and fair enterprise agreement under the Fair Work Act.

The final order of the commission was that the Fuji Xerox Australia - Customer Support Organisation Enterprise Agreement 2016 be approved and registered, effective from the date of the decision. This approval meant that the agreement would govern the employment conditions of the employees covered by the agreement, subject to the rights and obligations established under the Fair Work Act.

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