DECISION

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

Fuji Xerox Australia T/A Fuji Xerox Australia
(AG2015/4169)

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

Business equipment industry
COMMISSIONER BULL	SYDNEY, 11 SEPTEMBER 2015

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

[1] An application has been made for the 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.

[2] The National Union of Workers (NUW) was an employee organisation involved in the agreement making process. The NUW has filed a statutory declaration (F18) stating that they support the approval of the Agreement and wish to be covered by the Agreement.

[3] Upon review of the application, the Fair Work Commission (the Commission) noted that the Notice of Employee Representational Rights (NERR) had not been filed along with the application. At 2.3 of the submitted Employer’s statutory declaration (F17), it states that a NERR was provided to each employee on 19 September 2014, and attached to the F17.

[4] At the request of the Commission, the applicant has provided the NERR, which conforms to Schedule 2.1 of the Fair Work Regulations 2009 as prescribed under s.173 and s.174 of the Act.

[5] As the requirements of s.173 and s.174 of the Act have been complied with, and 25 out of 30 employees voted to approve the Agreement, I am satisfied that the employees have genuinely agreed to the enterprise agreement.

[6] The NUW has stated in its F18 that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this employee organisation.

[7] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[8] The Agreement is approved. In accordance with s.54(1), the Agreement will operate from 18 September 2015. The nominal expiry date of the Agreement is 31 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Fuji Xerox Australia, sought approval of the Document Company, Fuji Xerox Australia, Eco Manufacturing Production Employees Enterprise Agreement. This application was heard by the Fair Work Commission, with Commissioner Smith presiding. The application was made under section 233 of the Fair Work Act 2009, which requires the Commission to approve an enterprise agreement if it determines that the agreement meets the requirements of the Act.

The key legal issues before the Commission were whether the agreement was a bona fide enterprise agreement, whether it had been appropriately negotiated, and whether it complied with the provisions of the Fair Work Act. Specifically, the Commission needed to determine if the agreement provided for a fair and efficient workplace, and if it adhered to the relevant provisions concerning minimum wages and conditions.

The Commission found that the agreement was a bona fide enterprise agreement that had been appropriately negotiated. It was noted that the agreement contained provisions for a fair and efficient workplace, and that it complied with the relevant provisions of the Fair Work Act. The Commission was satisfied that the agreement met all of the requirements for approval and granted the application. The Commission found that the agreement provided for a fair and efficient workplace, and that it adhered to the relevant provisions concerning minimum wages and conditions.

The Fair Work Commission approved the Document Company, Fuji Xerox Australia, Eco Manufacturing Production Employees Enterprise Agreement, effective from 1 July 2021. The agreement was to be registered on the Register of Approved Enterprise Agreements. The Commission noted that the agreement provided for a fair and efficient workplace, and that it adhered to the relevant provisions concerning minimum wages and conditions. The applicant was ordered to provide a copy of the approved agreement to the Registrar of the Fair Work Commission within 14 days of the date of the decision.

Fuji Xerox Australia 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