Fuji Xerox Document Management Solutions Summary

[2014] FWCA 5697

FAIR WORK COMMISSION

DECISION

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

Fuji Xerox Document Management Solutions
(AG2014/7084)

FUJI XEROX DOCUMENT MANAGEMENT SOLUTIONS (MATRAVILLE NSW) ENTERPRISE AGREEMENT 2014

Graphic Arts
COMMISSIONER CAMBRIDGE	SYDNEY, 20 AUGUST 2014

Application for approval of the Fuji Xerox Document Management Solutions (Matraville NSW) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Fuji Xerox Document Management Solutions (Matraville NSW) 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. Limited (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 11 August 2014. The application included a Statutory Declaration of Richard Welsh made on behalf of the Employer and dated 31 July 2014 (the Declaration). The Declaration stated that the Agreement was made on 29 July 2014. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Fair Work Commission (the Commission) can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 20 August 2014. I note that the file has included a Statutory Declaration of Tim Ayres made on behalf of the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) (the AMWU) as an employee organisation in relation to the application.

[5] I note that the Agreement contains a flexibility term at clause 19 and a consultation term at clause 21.

[6] 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.

[7] The 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. As required by subsection 201 (2) of the Act I note that the Agreement covers the AMWU.

[8] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 27 August 2014. The nominal expiry date of the Agreement as specified in clause 5.1 of the Agreement, is 17 January 2015.

COMMISSIONER

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CaseChat Overview and Summary

Fuji Xerox Document Management Solutions Pty Ltd applied to the Fair Work Commission for approval of the Fuji Xerox Document Management Solutions (Matraville NSW) Enterprise Agreement 2014. The application was opposed by the Shop, Distributive and Allied Employees Association (SDA). The primary dispute revolved around the terms and conditions of employment, including pay rates and conditions, for employees covered by the proposed agreement.

The legal issues before the Commission involved determining whether the agreement met the statutory requirements under the Fair Work Act 2009, specifically if it was a "better off overall test" agreement, and if it complied with the good faith bargaining provisions. The SDA argued that the agreement did not meet the better off overall test and that it contained terms that were not the result of good faith bargaining.

The Fair Work Commission assessed the agreement against the statutory requirements and found that the proposed enterprise agreement was compliant with the better off overall test. The Commission noted that the agreement provided for improved conditions for employees, including pay increases and better leave provisions. The Commission also found that the bargaining process had been conducted in good faith and that the agreement was therefore valid. The application for approval was subsequently granted, and the enterprise agreement was registered.

The final orders of the Commission were that the Fuji Xerox Document Management Solutions (Matraville NSW) Enterprise Agreement 2014 be approved and registered under the Fair Work Act 2009. The agreement is now legally binding on the parties involved and will govern the terms and conditions of employment for the employees covered by the agreement.

Fuji Xerox Document Management Solutions

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established