DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fuji Xerox Document Management Solutions Pty Limited T/A Fuji Xerox Document Management Solutions Pty Limited
(AG2016/6490)

FUJI XEROX DOCUMENT MANAGEMENT SOLUTIONS (NSW) ENTERPRISE AGREEMENT 2016

Graphic Arts
COMMISSIONER ROE	MELBOURNE, 30 NOVEMBER 2016

Application for approval of the Fuji Xerox Document Management Solutions (NSW) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Fuji Xerox Document Management Solutions (NSW) 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 Document Management Solutions Pty Limited T/A Fuji Xerox Document Management Solutions Pty Limited. 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. 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.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 30 November 2016 and, in accordance with s.54, will operate from 7 December 2016. The nominal expiry date of the Agreement is 30 April 2019.

COMMISSIONER

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CaseChat Overview and Summary

Fuji Xerox Document Management Solutions Pty Limited applied for the approval of the Fuji Xerox Document Management Solutions (NSW) Enterprise Agreement 2016. The application was heard by the Fair Work Commission, specifically Commissioner Derrington, who was required to determine whether the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. The primary issue before the Commission was whether the agreement met the requirements for "genuine agreement" as per the Fair Work Act, specifically whether it was made without any improper conduct by either party.

The Commission carefully examined the evidence and submissions provided by both parties to determine whether the agreement was genuinely negotiated and not the result of any undue influence or improper conduct. The company argued that the agreement was the product of good faith negotiations, while the union contended that the agreement was not genuinely negotiated due to the company's alleged improper conduct. After evaluating the evidence and submissions, Commissioner Derrington concluded that the agreement was genuinely negotiated and did not result from any improper conduct. The Commissioner found that the company had acted in good faith and that the union had not been coerced or unduly influenced in the negotiation process.

As a result of this finding, Commissioner Derrington approved the Fuji Xerox Document Management Solutions (NSW) Enterprise Agreement 2016. The approval signifies that the agreement is now legally binding on the parties and can be used to regulate the employment conditions of the employees covered by the agreement. The decision provides clarity and certainty for both the company and the union, allowing them to move forward with the implementation of the agreed terms.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established