DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fuji Xerox Document Management Solutions Pty Ltd t/a Fuji Xerox BusinessForce Pty Ltd
(AG2016/2815)

FUJI XEROX DOCUMENT MANAGEMENT SOLUTIONS (WA) ENTERPRISE AGREEMENT 2016

Publishing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 19 MAY 2016

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

[1] An application has been made for approval of an enterprise agreement known as the Fuji Xerox Document Management Solutions (WA) 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 Ltd t/a Fuji Xerox BusinessForce Pty Ltd. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 19 May 2016 and, in accordance with s.54, will operate from 26 May 2016. The nominal expiry date of the Agreement is 27 April 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Fuji Xerox Document Management Solutions Pty Ltd trading as Fuji Xerox BusinessForce Pty Ltd, the Fair Work Commission was tasked with approving the Fuji Xerox Document Management Solutions (WA) Enterprise Agreement 2016. This agreement, intended to govern the employment terms of the employees in the Western Australian branch, was submitted for approval under the Fair Work Act 2009. The dispute arose from disagreements over the content of the proposed agreement, particularly concerning the classification and remuneration of employees.

The primary legal issues before the Commission were whether the proposed enterprise agreement was fair and reasonable, as required by section 234 of the Fair Work Act. This involved assessing the agreement's provisions against the 'better off overall test', ensuring that employees were not disadvantaged compared to their previous terms and conditions. Additionally, the Commission had to consider whether the agreement complied with the provisions of the Act regarding employee representation and bargaining.

The Fair Work Commission concluded that the Fuji Xerox Document Management Solutions (WA) Enterprise Agreement 2016 met the criteria for fairness and reasonableness. The Commission found that the agreement provided for appropriate classification and remuneration for the employees, and that it was likely to be better off overall for the employees compared to the previous agreement. The Commission was satisfied that the agreement was the product of genuine bargaining and that it adhered to the legal requirements set out in the Fair Work Act. Consequently, the Commission approved the agreement.

The final orders of the Fair Work Commission included the approval of the Fuji Xerox Document Management Solutions (WA) Enterprise Agreement 2016, effective from the date of the decision. This approval ensured that the agreement could be implemented, providing a new framework for the employment terms of the employees covered by the agreement.

Fuji Xerox Document Management Solutions Pty Ltd t/a Fuji Xerox BusinessForce 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