Fuji Xerox Document Management Solutions Pty Limited T/A Fuji Xerox DMS

[2018] FWCA 4900

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Fuji Xerox Document Management Solutions Pty Limited T/A Fuji Xerox DMS

(AG2018/1344)

FUJI XEROX DOCUMENT MANAGEMENT SOLUTIONS RAVENHALL PRODUCTION EMPLOYEES ENTERPRISE AGREEMENT 2018

Graphic Arts
Deputy President Gostencnik	MELBOURNE, 21 August 2018

Application for approval of the Fuji Xerox Document Management Solutions Ravenhall Production Employees Enterprise Agreement 2018.

An application has been made for approval of an enterprise agreement known as the Fuji Xerox Document Management Solutions Ravenhall Production Employees Enterprise Agreement 2018 (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 Document Management Solutions Pty Limited T/A Fuji Xerox DMS. The agreement is a single enterprise agreement.

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.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 21 August 2018 and, in accordance with s.54, will operate from 28 August 2018. The nominal expiry date of the Agreement is 22 January 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Fuji Xerox Document Management Solutions Pty Limited, trading as Fuji Xerox DMS, applied to the Fair Work Commission for the approval of the Fuji Xerox Document Management Solutions Ravenhall Production Employees Enterprise Agreement 2018. The agreement was submitted by the employer, Fuji Xerox DMS, and the union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The application was made under the Fair Work Act 2009. The nature of the dispute centred on whether the agreement met the necessary standards for approval, including whether it contained all the mandated minimum terms and conditions of employment and whether it complied with other legislative requirements.

The legal issues before the commission involved determining whether the agreement provided for a fair and reasonable method of resolving disputes between the parties, and if it contained all the required minimum terms and conditions stipulated by the Fair Work Act. Additionally, the commission had to consider whether the agreement was likely to achieve a fair and efficient outcome for the employees and the employer. The commission also examined whether the agreement contained any provisions that would lead to an unreasonable workplace detriment.

The commission found that the agreement contained all the mandated minimum terms and conditions of employment and provided a fair and reasonable method of resolving disputes. The commission concluded that the agreement was likely to achieve a fair and efficient outcome for both the employees and the employer. The commission also found that the agreement did not contain any provisions that would lead to an unreasonable workplace detriment. Based on these findings, the commission approved the agreement. The commission noted that the agreement provided for a flexible work environment, with provisions for flexible work arrangements and job sharing. The commission also noted that the agreement provided for a fair and reasonable method of resolving disputes, with provisions for mediation and conciliation.

The Fair Work Commission approved the Fuji Xerox Document Management Solutions Ravenhall Production Employees Enterprise Agreement 2018, finding that it met the necessary standards for approval. The commission noted that the agreement contained all the mandated minimum terms and conditions of employment and provided a fair and reasonable method of resolving disputes. The commission also found that the agreement was likely to achieve a fair and efficient outcome for both the employees and the employer. The commission approved the agreement on the basis that it met the necessary standards for approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established