Fuji Xerox Document Management Solutions Pty Ltd Summary

[2013] FWCA 2638

FAIR WORK COMMISSION

DECISION

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

Fuji Xerox Document Management Solutions Pty Ltd
(AG2013/878)

FUJI XEROX DOCUMENT MANAGEMENT SOLUTIONS (WA) ENTERPRISE AGREEMENT 2013.

Graphic Arts
COMMISSIONER RIORDAN	SYDNEY, 30 APRIL 2013

Application for approval of the Fuji Xerox Document Management Solutions (WA) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known asthe Fuji Xerox Document Management Solutions (WA) Enterprise Agreement 2013 (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 Applicant). The Agreement is a single-enterprise agreement.

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

[3] The Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union (the Union)has given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 27 April 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Fuji Xerox Document Management Solutions Pty Ltd, the Australian Industrial Relations Commission was presented with an application for the approval of the Fuji Xerox Document Management Solutions (WA) Enterprise Agreement 2013. The applicant, Fuji Xerox Document Management Solutions Pty Ltd, sought the court's approval of the proposed agreement, which was negotiated between the company and the Australian Manufacturing Workers' Union. The dispute centred around the terms and conditions outlined in the agreement, which aimed to regulate the employment relationship between the company and its workforce in Western Australia.

The primary legal issues before the court involved whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement provided for minimum terms as prescribed by the Act, ensured the protection of employees' rights, and complied with the "better off overall test." The court also had to consider whether the agreement was made in good faith and whether it provided for the necessary protections and entitlements for the employees.

The court carefully examined the terms of the agreement, considering the submissions from both parties. It found that the agreement satisfied the requirements of the Fair Work Act 2009. The court noted that the agreement provided for minimum terms, protected employees' rights, and met the better off overall test. It was also satisfied that the agreement was made in good faith and provided for the necessary protections and entitlements for the employees. Consequently, the court approved the Fuji Xerox Document Management Solutions (WA) Enterprise Agreement 2013.

In light of the court's approval, the Fuji Xerox Document Management Solutions (WA) Enterprise Agreement 2013 was deemed to be a valid and binding agreement between the company and the Australian Manufacturing Workers' Union. The agreement would now regulate the employment relationship between the company and its workforce in Western Australia, providing a framework for the terms and conditions of employment.

Fuji Xerox Document Management Solutions Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established