Schneider Electric (Australia) Pty Limited

Case [2015] FWCA 4188


[2015] FWCA 4188
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

Schneider Electric (Australia) Pty Limited
(AG2015/2980)

SCHNEIDER ELECTRIC EAGLE FARM INDUSTRIAL ENTERPRISE AGREEMENT 2014

Storage services

COMMISSIONER ROE

MELBOURNE, 24 JUNE 2015

Application for approval of the Schneider Electric Farm Industrial Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Schneider Electric Eagle Farm Industrial Enterprise Agreement 2014 (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 (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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 Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Australian Manufacturing Workers’ Union has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with Section 201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 July 2015. The nominal expiry date of the Agreement is 30 June 2018.

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Details
AGLC
Schneider Electric (Australia) Pty Limited [2015] FWCA 4188
Case
[2015] FWCA 4188
Decision Date

CaseChat Overview and Summary

Schneider Electric (Australia) Pty Limited applied to the Fair Work Commission for the approval of the Schneider Electric Farm Industrial Enterprise Agreement 2014. The application was made under section 234 of the Fair Work Act 2009. The Commission was required to determine whether the agreement met the "better off overall test" (BOOT) and whether it complied with the procedural requirements for its approval.

The Commission considered the BOOT by comparing the terms and conditions of the agreement with those of the applicable award and other relevant agreements. It examined the overall financial benefits and detriments for employees covered by the agreement. The Commission also assessed whether the agreement provided for a fair and reasonable set of terms and conditions for the employees, taking into account factors such as wage increases, penalty rates, and other employment benefits.

The Commission concluded that the agreement met the BOOT as it provided for a reasonable balance of benefits and detriments for the employees. It also found that the agreement complied with the procedural requirements for its approval. Consequently, the Commission approved the Schneider Electric Farm Industrial Enterprise Agreement 2014. This decision was made in accordance with section 234 of the Fair Work Act 2009.

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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