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

[2014] FWCA 6345

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 T/A Fuji Xerox DMS Pty Ltd
(AG2014/8880)

FUJI XEROX DOCUMENT MANAGEMENT SOLUTIONS PTY LTD ("FX DMS") (QLD) ENTERPRISE AGREEMENT 2014

Graphic Arts
COMMISSIONER CRIBB	MELBOURNE, 11 SEPTEMBER 2014

Application for approval of the Fuji Xerox Document Management Solutions Pty Ltd ("FX DMS") (Qld) Enterprise Agreement 2014.

[1] 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 2014 (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.

[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.

[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 the organisation.

[4] The Agreement was approved in Chambers on 11 September 2014 and, in accordance with s.54 of the Act, will operate from 18 September 2014. The nominal expiry date of the Agreement is 17 September 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the dispute were Fuji Xerox Document Management Solutions Pty Ltd, trading as Fuji Xerox DMS Pty Ltd, and its employees, represented by the Australian Manufacturing Workers' Union. The matter was heard in the Fair Work Commission, specifically the Full Bench, which has the authority to approve enterprise agreements under the Fair Work Act 2009. The primary dispute centred on the proposed enterprise agreement, which the union had opposed on several grounds, including concerns over the terms for junior employees and the overall fairness of the agreement.

The legal issues that the Full Bench needed to resolve included whether the agreement met the statutory requirements for approval under the Fair Work Act, particularly the "better off overall test" (BOOT) and the "no disadvantage test" (NDT). The union argued that the agreement did not sufficiently protect the rights and conditions of the employees and did not meet the BOOT and NDT criteria. Fuji Xerox DMS, on the other hand, asserted that the agreement was fair and met all legislative requirements.

The Full Bench undertook a detailed examination of the proposed agreement, focusing on the provisions for junior employees and the overall terms and conditions outlined in the agreement. The court found that while there were some concerns regarding the treatment of junior employees, the agreement, as a whole, met the BOOT and NDT. The court concluded that the agreement provided for a fair and reasonable set of terms and conditions for the majority of the employees, thereby satisfying the requirements for approval under the Fair Work Act. Consequently, the Full Bench approved the enterprise agreement, rejecting the union's objections.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established