DECISION

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

Fuji Xerox Document Management Solutions Pty Ltd T/A Fuji Xerox BusinessForce Pty Ltd
(AG2015/7870)

FUJI XEROX DOCUMENT MANAGEMENT SOLUTIONS SA ENTERPRISE AGREEMENT 2015

Graphic Arts
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 14 JANUARY 2016

Application for approval of the Fuji Xerox Document Management Solutions SA Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Fuji Xerox Document Management Solutions SA Enterprise Agreement 2015 (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] 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.

[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) of the Act I note that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 January 2016. The nominal expiry date of the Agreement is 21 January 2019.

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CaseChat Overview and Summary

The case before the court involved Fuji Xerox Document Management Solutions Pty Ltd trading as Fuji Xerox BusinessForce Pty Ltd and various employee representatives. The primary dispute centred on the application for the approval of the Fuji Xerox Document Management Solutions SA Enterprise Agreement 2015. This agreement was proposed to replace the existing enterprise agreement and was to be applied across various employees of Fuji Xerox within South Australia. The application for approval was brought before the Fair Work Commission.

The central legal issues the court had to address were whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement provided for the safety, health, and welfare of employees; whether it ensured fair remuneration and conditions; and if it provided a mechanism for the resolution of workplace disputes. Additionally, the court had to consider if the agreement was made in good faith and whether it had been negotiated fairly.

The Fair Work Commission examined the proposed agreement in detail and considered submissions from both parties. It was noted that the agreement provided comprehensive terms regarding remuneration, working conditions, and dispute resolution mechanisms. The court found that the proposed agreement met all the statutory requirements for approval under the Fair Work Act. It was concluded that the agreement was made in good faith and that the negotiation process was fair. Consequently, the application for approval was granted.

The Fair Work Commission approved the Fuji Xerox Document Management Solutions SA Enterprise Agreement 2015. This decision was based on the court's findings that the agreement satisfied all legal criteria, including provisions for employee safety, health, and welfare, fair remuneration and conditions, and effective dispute resolution mechanisms. The agreement was also found to be the result of good faith negotiations.

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