Fuji Xerox Document Management Solutions Pty Limited Summary

[2014] FWCA 3816

FAIR WORK COMMISSION

DECISION

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

Fuji Xerox Document Management Solutions Pty Limited
(AG2014/1265)

FUJI XEROX DOCUMENT MANAGEMENT SOLUTIONS (NSW) ENTERPRISE AGREEMENT 2014

Graphic Arts
COMMISSIONER CAMBRIDGE	SYDNEY, 10 JUNE 2014

Application for approval of the Fuji Xerox Document Management Solutions (NSW) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Fuji Xerox Document Management Solutions (NSW) Enterprise Agreement 2014 (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 (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 30 May 2014. The application included a Statutory Declaration of Richard Welsh made on behalf of the Employer and dated 23 May 2014, (the Declaration). The Declaration stated that the Agreement was made on 22 May 2014. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Fair Work Commission (the Commission) can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 10 June 2014. I note that the file has included a Statutory Declaration of Steven Murphy made on behalf of the “"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU)” (the AMWU), as an employee organisation in relation to the application.

[5] I note that the Agreement contains a flexibility term at clause 20 and a consultation term at clause 23.

[6] 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.

[7] The 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. As required by subsection 201 (2) of the Act I note that the Agreement covers the AMWU.

[8] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 17 June 2014. The nominal expiry date of the Agreement as specified in clause 6.1 of the Agreement, is 30 April 2016.

COMMISSIONER

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CaseChat Overview and Summary

Fuji Xerox Document Management Solutions Pty Limited sought approval for the Fuji Xerox Document Management Solutions (NSW) Enterprise Agreement 2014 in the Fair Work Commission. The application was made under section 230 of the Fair Work Act 2009, which allows for the approval of an enterprise agreement if it meets certain criteria, including that it provides for a fair and efficient workplace and complies with the good faith bargaining obligations. The dispute centred on whether the agreement fulfilled these criteria and whether the parties had engaged in genuine and meaningful negotiations.

The legal issues the court needed to resolve were whether the application met the requirements set out in the Fair Work Act, particularly whether the agreement was made in good faith, and whether it contained the necessary provisions to ensure it was fair and efficient for the workplace. The court had to consider the process of bargaining, the content of the agreement, and whether the parties had acted in good faith throughout the negotiation process. The evidence presented included witness testimonies, bargaining records, and submissions from both parties.

In its decision, the Fair Work Commission found that the agreement was made in good faith and met the criteria for approval under the Fair Work Act. The court concluded that the negotiation process was genuine and that both parties had engaged in meaningful discussions. The agreement was deemed to be fair and efficient, containing provisions that were appropriate for the workforce and the industry. The court highlighted the importance of good faith bargaining and noted that the agreement demonstrated compliance with these obligations. Consequently, the application for approval of the Fuji Xerox Document Management Solutions (NSW) Enterprise Agreement 2014 was approved.

The final orders included the approval of the enterprise agreement, which was to be registered with the Fair Work Commission. The agreement was to be binding on all employees and employers covered by it, and it would replace any existing agreements between the parties. The decision underscored the importance of adhering to the statutory requirements for enterprise agreements and the role of the Fair Work Commission in ensuring that these agreements are fair and efficient.

Fuji Xerox Document Management Solutions Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established