DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Konica Minolta Business Solutions Australia Pty Ltd T/A Konica Minolta Business Solutions
(AG2017/2767)

KONICA MINOLTA FIELD SERVICE ENTERPRISE AGREEMENT 2017

Business equipment industry
COMMISSIONER WILSON	MELBOURNE, 30 AUGUST 2017

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

[1] An application has been made for approval of an enterprise agreement known as the Konica Minolta Field Service Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Konica Minolta Business Solutions Australia Pty Ltd T/A Konica Minolta Business Solutions. The Agreement is a single enterprise agreement.

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

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 September 2017. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Konica Minolta Business Solutions Australia Pty Ltd, trading as Konica Minolta Business Solutions, applied to the Fair Work Commission for approval of the Konica Minolta Field Service Enterprise Agreement 2017. The application was made under the provisions of the Fair Work Act 2009. The nature of the dispute was to establish a new enterprise agreement that would govern the terms and conditions of employment for field service technicians employed by the company.

The primary legal issue before the Commission was whether the proposed agreement met the "better off overall test" (BOOT) as stipulated under the Fair Work Act. The BOOT requires that employees be no worse off and at least some employees must be better off financially under the new agreement compared to the existing terms. The Commission also had to consider whether the agreement contained all the mandated terms and conditions as per the Act, and whether it was fairly negotiated.

In its reasoning, the Commission noted that the proposed agreement provided for a range of benefits including wage increases, improved leave provisions, and enhanced superannuation contributions. The Commission found that these changes would result in most employees being better off overall. The Commission further determined that all mandatory terms were included in the agreement and that there was evidence of genuine negotiations between the employer and the employee representatives. Consequently, the Commission approved the Konica Minolta Field Service Enterprise Agreement 2017.

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