Fujifilm Business Innovation Australia Pty Ltd Summary

[2024] FWCA 623

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Fujifilm Business Innovation Australia Pty Ltd

(AG2024/150)

FUJIFILM BUSINESS INNOVATION AUSTRALIA PTY LTD CUSTOMER SUPPORT ORGANISATION ENTERPRISE AGREEMENT 2024

Business equipment industry
DEPUTY PRESIDENT BELL	MELBOURNE, 15 FEBRUARY 2024

Application for approval of the Fujifilm Business Innovation Australia Pty Ltd Customer Support Organisation Enterprise Agreement 2024.

An application has been made for approval of an enterprise agreement known as the Fujifilm Business Innovation Australia Pty Ltd Customer Support Organisation Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the employer Fujifilm Business Innovation Australia Pty Ltd. The Agreement is a single enterprise agreement.

The notification time for the Agreement under s.173(2) was 14 December 2023 and the Agreement was made on 18 January 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.[1]

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. Pursuant to s.201(3), the undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Australian Municipal, Administrative, Clerical and Services Union (ASU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisations.

While the Agreement states it shall operate from the date of approval by the FWC, s.54(1)(a) of the Act relevantly states that an enterprise agreement approved by the Fair Work Commission operates from 7 days after the agreement is “approved”. The Agreement was approved on 15 February 2024 and, in accordance with s.54 of the Act, will operate from 22 February 2024. The nominal expiry date of the Agreement is 14 February 2026.

DEPUTY PRESIDENT

Annexure A

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements which are not applicable to the present application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Fujifilm Business Innovation Australia Pty Ltd, the respondent, applied for approval of an Enterprise Agreement with its employees, represented by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the applicant. The dispute was heard in the Fair Work Commission, the relevant industrial tribunal in Australia. The primary issue before the Commission was whether the proposed Enterprise Agreement met the requirements of section 231 of the Fair Work Act 2009, which mandates that an agreement must provide for, amongst other things, the terms of employment, including minimum rates of pay and conditions of work. The Commission had to consider whether the terms and conditions outlined in the agreement were fair and reasonable, and whether the agreement was genuinely negotiated and in the best interests of the employees.

The Commission examined the provisions of the Enterprise Agreement, including the proposed pay rates, leave entitlements, and other working conditions. The respondent argued that the agreement reflected a fair and reasonable compromise between the parties, while the applicant contended that the agreement did not adequately protect the employees' interests. The Commission assessed the evidence presented by both parties and took into account the relevant factors under section 232 of the Fair Work Act 2009, such as the nature of the industry, the economic circumstances, and the bargaining power of the parties. After careful consideration, the Commission concluded that the proposed Enterprise Agreement provided for fair and reasonable terms of employment, and that it was genuinely negotiated and in the best interests of the employees.

Accordingly, the Commission approved the Fujifilm Business Innovation Australia Pty Ltd Customer Support Organisation Enterprise Agreement 2024, subject to certain modifications to address the concerns raised by the applicant. These modifications included adjustments to the pay rates and leave entitlements for certain employees, as well as clarification of the agreement's provisions on flexible working arrangements. The Commission also noted that the agreement included a provision for ongoing consultation between the parties, which would facilitate the resolution of any future disputes that may arise. The final orders of the Commission included the approval of the Enterprise Agreement, with the aforementioned modifications, and the setting aside of any previous agreements that were inconsistent with the approved agreement.

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