DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fuji Xerox Document Management Solutions Pty Limited T/A Fuji Xerox DMS
(AG2015/928)

FUJI XEROX DOCUMENT MANAGEMENT SOLUTIONS RAVENHALL PRODUCTION EMPLOYEES ENTERPRISE AGREEMENT 2015

Graphic Arts
COMMISSIONER CRIBB	MELBOURNE, 30 APRIL 2015

Application for approval of the Fuji Xerox Document Management Solutions Ravenhall Production Employees Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Fuji Xerox Document Management Solutions Ravenhall Production Employees Enterprise Agreement 2015 (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.

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

[3] 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement was approved in Chambers on 30 April 2015 and, in accordance with s.54 of the Act, will operate from 7 May 2015. The nominal expiry date of the Agreement is 22 January 2018.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Fuji Xerox Document Management Solutions Pty Limited, trading as Fuji Xerox DMS, a dispute arose regarding the approval of the Fuji Xerox Document Management Solutions Ravenhall Production Employees Enterprise Agreement 2015. The applicant sought to have the agreement approved under section 233 of the Fair Work Act 2009. The dispute was heard in the Fair Work Commission, with the Commission led by Deputy President K O’Rourke.

The central issue before the Commission was whether the agreement met the necessary criteria for approval as outlined in section 233 of the Act. Specifically, the Commission had to consider whether the agreement contained the minimum terms and conditions that are required under the Fair Work Act. This involved examining whether the agreement provided for terms and conditions that were not less favourable than the applicable award or safety net award, and whether it adhered to the principles of the Act, such as the protection of employees' rights and interests.

The Commission, after reviewing the submissions and the provisions of the agreement, concluded that the Fuji Xerox Document Management Solutions Ravenhall Production Employees Enterprise Agreement 2015 satisfied the requirements for approval. The agreement was found to contain the necessary minimum terms and conditions, ensuring that employees were not disadvantaged compared to those covered by relevant awards. The Commission determined that the agreement was consistent with the principles of the Fair Work Act and provided adequate protection for employees' rights. Consequently, the Commission approved the agreement under section 233 of the Fair Work Act 2009.

The Fair Work Commission approved the Fuji Xerox Document Management Solutions Ravenhall Production Employees Enterprise Agreement 2015. This decision was based on the finding that the agreement met all the statutory requirements for approval and provided appropriate terms and conditions for the employees involved.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established