DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fuji Xerox Document Management Solutions Pty Ltd
(AG2019/1304)

FUJI XEROX DOCUMENT MANAGEMENT SOLUTIONS (NSW) ENTERPRISE AGREEMENT 2019

Publishing industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 31 MAY 2019

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

[1] An application has been made for approval of an enterprise agreement known as the Fuji Xerox Document Management Solutions (NSW) Enterprise Agreement 2019 (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 Ltd. 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] 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.

[4] The Agreement was approved on 31 May 2019 and, in accordance with s.54, will operate from 7 June 2019. The nominal expiry date of the Agreement is 30 April 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case before the Fair Work Commission, Fuji Xerox Document Management Solutions Pty Ltd applied for the approval of the Fuji Xerox Document Management Solutions (NSW) Enterprise Agreement 2019. The dispute primarily revolved around the terms and conditions outlined in the proposed agreement, which was set to govern the employment of various employees within the company’s New South Wales operations. The application was filed to ensure that the proposed agreement met the necessary standards under the Fair Work Act 2009, particularly in terms of its compliance with the provisions concerning minimum entitlements and the avoidance of adverse action against employees.

The court was tasked with determining whether the proposed enterprise agreement adhered to the legislative requirements and whether it provided fair and reasonable terms for the employees involved. Key issues included the assessment of whether the agreement appropriately balanced the interests of both the employer and the employees, and whether it included adequate provisions to prevent unfair dismissals and ensure compliance with minimum wage standards. Furthermore, the court had to consider whether the agreement had been genuinely negotiated between the parties and whether it provided for appropriate dispute resolution mechanisms.

Upon reviewing the application, the Fair Work Commission found that the Fuji Xerox Document Management Solutions (NSW) Enterprise Agreement 2019 met the statutory requirements under the Fair Work Act. The Commission noted that the agreement contained terms that were fair and reasonable, taking into account the overall context of the employment relationship. It also concluded that the agreement had been genuinely negotiated and provided sufficient safeguards against adverse actions. Consequently, the Commission approved the proposed enterprise agreement, paving the way for its implementation in accordance with the terms set out within the document. The decision ensures that the employees of Fuji Xerox Document Management Solutions in New South Wales will be governed by the agreed terms, which the Commission deemed to be in compliance with the legislative framework.

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