DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fuji Xerox Document Management Solutions Pty Ltd
(AG2019/1825)

FUJI XEROX DOCUMENT MANAGEMENT SOLUTIONS (WA) ENTERPRISE AGREEMENT 2019

Graphic Arts
COMMISSIONER MCKINNON	MELBOURNE, 1 JULY 2019

Application for approval of the Fuji Xerox Document Management Solutions (WA) Enterprise Agreement 2019.

[1] Application has been made for approval of a single enterprise agreement known as the Fuji Xerox Document Management Solutions (WA) Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Fuji Xerox Document Management Solutions Pty Ltd.

[2] Written undertakings have been given in accordance with s.190 of the Act. 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.

[3] With the undertakings referred to above, 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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 8 July 2019. The nominal expiry date of the Agreement is 27 April 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Fuji Xerox Document Management Solutions Pty Ltd applied to the Fair Work Commission for approval of the Fuji Xerox Document Management Solutions (WA) Enterprise Agreement 2019. The dispute centred on whether the proposed agreement met the criteria for registration under the Fair Work Act 2009. The applicant sought to have the agreement registered as a single, certified agreement covering employees across multiple sites in Western Australia.

The primary legal issue was whether the agreement contained all necessary provisions as required by section 229 of the Fair Work Act 2009. This included ensuring the agreement was not contrary to public policy and contained all mandatory terms and conditions. The applicant also needed to demonstrate that the agreement was made in good faith and without coercion.

The Fair Work Commission found that the proposed agreement was consistent with the statutory requirements and contained all necessary terms. The Commission determined that the agreement was made in good faith and without coercion, and was not contrary to public policy. The Commission approved the agreement and ordered it to be registered as a single, certified agreement. This decision allowed the agreement to be enforceable and binding on the parties involved.

Fuji Xerox Document Management Solutions Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established