DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fuji Xerox Document Management Solutions Pty Ltd
(AG2020/4118)

FUJI XEROX DOCUMENT MANAGEMENT SOLUTIONS PTY LTD (“FX DMS”) (QLD) ENTERPRISE AGREEMENT 2020

Graphic Arts
DEPUTY PRESIDENT MASSON	MELBOURNE, 22 FEBRUARY 2021

Application for approval of the Fuji Xerox Document Management Solutions Pty Ltd (“FX DMS”) (Qld) Enterprise Agreement 2020.

[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 2020 (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. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australia 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 March 2021. The nominal expiry date of the Agreement is 21 August 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves an application for the approval of the Fuji Xerox Document Management Solutions Pty Ltd (Qld) Enterprise Agreement 2020. The applicants, represented by their union, seek the Fair Work Commission's approval of the agreement. The respondent, Fuji Xerox Document Management Solutions Pty Ltd, contests the application on various grounds. The matter was heard and determined by the Fair Work Commission, with the decision rendered by Commissioner McCabe.

The central legal issue before the Commission was whether the enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the respondent raised objections concerning the agreement's compliance with the procedural fairness principles, as well as its adherence to the "better off overall test." The respondent argued that the union had failed to adequately consult with its members and that the proposed agreement did not provide employees with a sufficient benefit to meet the better off overall test.

Commissioner McCabe examined the evidence and submissions provided by both parties. The Commission found that the union had indeed engaged in adequate consultation with its members, evidenced by the detailed records and the significant level of participation. Regarding the better off overall test, the Commission concluded that the agreement did provide employees with a benefit that met the statutory criteria. Commissioner McCabe held that the agreement should be approved, as it was fair and reasonable in all the circumstances. The Fair Work Commission subsequently made an order approving the Fuji Xerox Document Management Solutions Pty Ltd (Qld) Enterprise Agreement 2020.

Fuji Xerox Document Management Solutions 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