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

[2014] FWCA 5870

[2014] FWCA 5870

FAIR WORK COMMISSION

DECISION

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

Konica Minolta Business Solutions Australia Pty Ltd T/A Konica Minolta Business Solutions
(AG2014/1787)

KONICA MINOLTA FIELD SERVICE ENTERPRISE AGREEMENT 2014

Business equipment industry
COMMISSIONER BULL	SYDNEY, 26 AUGUST 2014

Application for approval of the Konica Minolta Field Service Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Konica Minolta Field Service Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Commission wrote to the Applicant via its representative, the Australian Industry Group and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), being a bargaining representative for the Agreement and the employee bargaining representatives, in relation to concerns it had with the relevant shift loadings for work undertaken by employees on Saturdays and Sundays. In particular, the weekend shift loadings provided under the Agreement are less than the shift loadings provided under the Business Equipment Award 2010 (the Award), being the relevant modern award for the purpose of the better off overall test.

[3] The Applicant was requested to provide a number of indicative rosters and calculations to demonstrate how employees are better off overall despite the Agreement providing for shift penalties less than those that would have been afforded to them under the Award.

Correction of error

[4] In its correspondence to the Commission, the Applicant has advised of an error contained in Appendix A of the Agreement. In particular, the Applicant submits that the minimum entry points in Appendix A of the Agreement should read “$44,000.00” and not “$40,000.00” for the following classifications:

● Office Service Engineer KM (OSEKM)
● Office Service Engineer 1 (OSE1)
● Pro-Print Service Engineer KM (PSEKM)

[5] Pursuant to s.586(a) of the Act, the Commission may allow for a correction or amendment of any application, or other document relating to a matter before the Commission, on any terms it considers appropriate. On the submission made by the Applicant with respect to the increase to the minimum entry points for the classifications outlined above, the amount will be amended to $44,000.00.

Undertaking

[6] Upon request from the Commission, the Applicant provided financial modelling which compared the rates of pay for both Day Workers and Shift Workers under the Award using the minimum entry points contained in the Agreement. The modelling analyses the shifts worked on Mondays to Fridays, as well as, Saturdays and Sundays.

[7] The modelling undertaken by the Applicant demonstrates that an employee would not be better off overall where a Day Worker in the OSEKM, OSE1 and PSEKM Agreement classifications end their shifts between 6:30pm to 7:00pm on Mondays to Fridays and on Sundays.

[8] The Applicant has provided an undertaking that where an employee working a day shift on a Monday to Friday, or on a Sunday under paragraph 12.1 or paragraph 13.1(a) or 13.1(e) of the Agreement, ends their shift after 6:30pm, that shift will be no shorter than one hour in duration.

[9] Upon review of the correspondence and undertaking I am satisfied the Agreement meets the better off overall test.

[10] The undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached at Annexure A.

[11] Pursuant to s.190(4) of the Act, the CEPU and the employee bargaining representatives have been made aware of the undertaking provided. The bargaining representatives have not advised of any concerns with the undertaking provided.

[12] The undertaking is not so substantial that if asked to vote again the employees who voted would not approve the Agreement. I am therefore satisfied that the undertaking does not result in a substantial change to the Agreement as per s.190(3)(b) of the Act.

[13] The Agreement covers all field service engineers of the employer. I am satisfied that pursuant to s.186(3A) of the Act, this group is fairly chosen as being geographically or organisationally distinct.

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

[15] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers this organisation.

[16] The Agreement is approved. In accordance with section 54(1), the Agreement will operate from 2 September 2014. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Annexure A

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