Fuji Xerox Document Management Solutions Pty Ltd T/A Fuji Xerox DMS Pty Ltd

[2017] FWCA 5648

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Fuji Xerox Document Management Solutions Pty Ltd T/A Fuji Xerox DMS Pty Ltd

(AG2017/3950)

Xerox Document Management Solutions Pty Ltd (“FX DMS”) (Qld) Enterprise Agreement 2017

Graphic Arts
Deputy President Colman	MELBOURNE, 30 OCTOBER 2017

Application for approval of the Fuji Xerox Document Management Solutions Pty Ltd (“FX DMS”) (Qld) Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Fuji Xerox Document Management Solutions Pty Ltd (“FX DMS”) (Qld) Enterprise Agreement 2017 (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 DMS Pty Ltd. The agreement is a single enterprise agreement.

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.

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.

The Agreement was approved on 30 October 2017 and, in accordance with s.54, will operate from 6 November 2017. The nominal expiry date of the Agreement is 6 November 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties to the proceedings were Fuji Xerox Document Management Solutions Pty Ltd, trading as Fuji Xerox DMS Pty Ltd, and the relevant trade union. The dispute pertained to the application for approval of the Fuji Xerox Document Management Solutions Pty Ltd (Qld) Enterprise Agreement 2017. The case was heard in the Fair Work Commission, an Australian federal specialist tribunal responsible for resolving workplace disputes.

The central legal issue before the Commission was whether the enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was made in good faith and if it met the criteria for "better off overall or at least as well off" for the employees involved. The Commission also had to consider if the agreement had been fairly negotiated and if it contained appropriate provisions for employee entitlements and protections.

In rendering its decision, the Commission examined the negotiation process and the content of the agreement. It found that the agreement was made in good faith and that the negotiation process was fair. The Commission also determined that the employees were better off overall or at least as well off under the terms of the agreement. Furthermore, the Commission was satisfied that the agreement contained appropriate provisions for employee entitlements and protections. Consequently, the Commission approved the Fuji Xerox Document Management Solutions Pty Ltd (Qld) Enterprise Agreement 2017.

The Fair Work Commission approved the enterprise agreement and directed its registration under the Fair Work Act 2009. The decision was made on the basis that the agreement was made in good faith, fairly negotiated, and met the statutory requirements for employee entitlements and protections. The agreement was to be registered and would govern the employment conditions of the relevant employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established