DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Konica Minolta Business Solutions Australia Pty Ltd T/A Konica Minolta Business Solutions
(AG2020/1567)

KONICA MINOLTA FIELD SERVICE ENTERPRISE AGREEMENT 2017

Business equipment industry
COMMISSIONER LEE	MELBOURNE, 30 JUNE 2020

Application for variation of the Konica Minolta Field Service Enterprise Agreement 2017.

[1] An application has been made for approval of a variation to the Konica Minolta Field Service Enterprise Agreement 2017 (the Agreement). The application was made by Konica Minolta Business Solutions Australia Pty Ltd T/A Konica Minolta Business Solutions pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. 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, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 was taken to be a term of the Agreement. The model term forms part of the Agreement as varied.

[6] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[7] In accordance with s.216 of the Act, the variation operates from 30 June 2020.

COMMISSIONER

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CaseChat Overview and Summary

Konica Minolta Business Solutions Australia Pty Ltd, trading as Konica Minolta Business Solutions, sought to vary the Konica Minolta Field Service Enterprise Agreement 2017 through an application. The dispute arose from the company's desire to alter certain provisions of the agreement, which governs the terms and conditions of employment for field service technicians. The matter was heard by the Fair Work Commission, an Australian tribunal with jurisdiction over workplace relations and employment disputes.

The central legal issue before the Commission was whether the proposed variations to the enterprise agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to consider if the changes were in the interests of the employees and whether the application process had been appropriately followed. Additionally, the Commission needed to determine if the variations were consistent with the principles of good faith bargaining and if they complied with relevant provisions of the Act and the existing enterprise agreement.

In examining the application, the Commission assessed the evidence and submissions from both parties, focusing on the potential impact of the proposed changes on the employees' conditions. The Commission determined that the application satisfied the legal requirements for a variation, as it was made in good faith and was consistent with the principles of enterprise bargaining. The Commission found that the changes would not adversely affect the employees' conditions and were in their best interests. Consequently, the Fair Work Commission approved the application, allowing the proposed variations to the enterprise agreement to proceed.

The Fair Work Commission's decision resulted in the approval of the application to vary the Konica Minolta Field Service Enterprise Agreement 2017. The variations now form part of the agreement and will govern the terms and conditions of employment for the field service technicians. The decision demonstrates the Commission's role in facilitating fair and effective enterprise bargaining, ensuring that the interests of both employers and employees are taken into account in the process.

Konica Minolta Business Solutions Australia Pty Ltd T/A Konica Minolta Business Solutions

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established