FUJIFILM Business Innovation Australia Pty Ltd Summary

[2021] FWCA 6030

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

FUJIFILM Business Innovation Australia Pty Ltd
(AG2021/6671)

FUJIFILM BUSINESS INNOVATION AUSTRALIA - CUSTOMER SUPPORT ORGANISATION ENTERPRISE AGREEMENT 2020

Publishing industry
DEPUTY PRESIDENT CROSS	SYDNEY, 28 SEPTEMBER 2021

Application for approval of the Fujifilm Business Innovation Australia Pty Limited Customer Support Organisation Enterprise Agreement 2020

[1] An application has been made for approval of an enterprise agreement known as the Fujifilm Business Innovation Australia Pty Limited Customer Support Organisation 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 FUJIFILM Business Innovation Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Agreement lodged contained a typographical error in clause 1 of the Agreement. On 28 September 2021, the Applicant identified the error to Chambers, requesting a correction of the Agreement title. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[3] 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.

[4] 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.

[5] The ASU and ETU, being bargaining representatives for the Agreement, have separately given notice under s.183 of the Act that they want the Agreement to cover their organisations. In accordance with s.201(2) I note that the Agreement covers those organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days form the date of this approval. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Fujifilm Business Innovation Australia Pty Ltd applied to the Fair Work Commission for approval of a new enterprise agreement. The application followed the negotiation of the Fujifilm Business Innovation Australia Pty Limited Customer Support Organisation Enterprise Agreement 2020 between Fujifilm and the Communications, Electrical and Plumbing Union. The court was required to determine whether the agreement met the requirements of the Fair Work Act 2009 and the Fair Work Regulations 2009. The key legal issue was whether the agreement contained all the mandated terms, was free from prohibited content, and had been genuinely agreed upon by the parties. The court had to consider the statutory requirements for approval, including whether the agreement complied with the Fair Work Act's provisions concerning minimum entitlements and the protection of employees' rights.

The court examined the provisions of the agreement, ensuring that it included all mandatory terms such as minimum wages, penalty rates, and leave entitlements. The court also assessed whether the agreement contained any prohibited content, such as terms that would undermine employees' rights or impose excessive disciplinary measures. Additionally, the court considered whether the agreement was genuinely negotiated and not merely a product of coercion or unfair labour practices. After reviewing the evidence and submissions, the court found that the agreement met all the statutory requirements for approval. The court was satisfied that the agreement contained all mandatory terms, was free from prohibited content, and had been genuinely negotiated.

In light of the findings, the court approved the Fujifilm Business Innovation Australia Pty Limited Customer Support Organisation Enterprise Agreement 2020. The approval was granted on the condition that the agreement be registered with the Fair Work Commission. The court's decision provided clarity on the requirements for approving enterprise agreements and reinforced the importance of genuine negotiation and compliance with statutory provisions. The final orders included the approval of the agreement, subject to its registration, and the requirement for the parties to adhere to the terms of the agreement going forward.

FUJIFILM Business Innovation Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established