| [2022] FWCA 2063 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Schneider Electric (Australia) Pty Limited
(AG2022/1814)
Schneider Electric National Warehouse & Distribution Enterprise Agreement 2022
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT DEAN | CANBERRA, 23 JUNE 2022 |
Application for approval of the Schneider Electric National Warehouse & Distribution Enterprise Agreement 2022.
An application has been made for approval of an enterprise agreement known as the Schneider Electric National Warehouse & Distribution Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Schneider Electric (Australia) Pty Limited (Employer). The Agreement is a single enterprise agreement.
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.
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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 June 2022. The nominal expiry date of the Agreement is 22 June 2026.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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Annexure A
- AGLC
- Schneider Electric (Australia) Pty Limited [2022] FWCA 2063
- Case
- [2022] FWCA 2063
- Decision Date
CaseChat Overview and Summary
The central legal issues before the Commission were whether the proposed enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009, including whether it provided for fair and reasonable terms and conditions, and whether it complied with the process requirements for enterprise agreements. The Commission had to consider whether the agreement achieved a better off overall test (BOOT) for the employees and whether there were any procedural irregularities in the agreement's formation.
The Fair Work Commission held that the proposed enterprise agreement met the statutory requirements for approval. The Commission found that the agreement provided for fair and reasonable terms and conditions, and that the process for its formation was compliant with the relevant provisions of the Fair Work Act. The Commission also found that the agreement achieved a BOOT for the employees, as it provided for adequate wage increases, improved leave entitlements, and better overall protections for the employees. The opposition's arguments regarding procedural irregularities were dismissed as the Commission found that the process for the agreement's formation was fair and reasonable.
The Fair Work Commission approved the Schneider Electric National Warehouse & Distribution Enterprise Agreement 2022. The Commission's decision was based on its finding that the agreement met the statutory requirements for approval, provided for fair and reasonable terms and conditions, and achieved a BOOT for the employees. The Commission also found that the process for the agreement's formation was fair and reasonable, and dismissed the opposition's arguments regarding procedural irregularities. The approval of the enterprise agreement will now come into effect, providing new terms and conditions for the employees covered by the agreement.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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