DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Schneider Electric (Australia) Pty Limited
(AG2015/2438)

SCHNEIDER ELECTRIC (AUSTRALIA) PTY LIMITED BENALLA ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 8 MAY 2015

Application for approval of the Schneider Electric (Australia) Pty Limited Benalla Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Schneider Electric (Australia) Pty Limited Benalla Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Schneider Electric (Australia) Pty Limited. The agreement is a single-enterprise agreement.

[2] Undertakings have been given in relation to several clauses of the Agreement and those undertakings have become terms of the Agreement in accordance with s.191(1) of the Act and are appended at Appendix A.

[3] Pursuant to s.190(4) of the Act, I have sought the views of The Australian Workers’ Union with respect to these and the AWU supports the undertakings.

[4] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[5] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54(1), will operate from 15 May 2015. The nominal expiry date of the Agreement is 14 May 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

Schneider Electric (Australia) Pty Limited applied to the Fair Work Commission for approval of an enterprise agreement. The agreement was between the company and its employees in the Benalla area, dated 2014. The Fair Work Commission heard the application, assessing whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement was a genuine enterprise agreement. This required the Commission to determine if the agreement had been made without coercion, contained minimum terms and conditions, and was fairly negotiated. Additionally, the Commission considered if the agreement complied with procedural requirements, including proper bargaining and the submission of relevant documents.

In its decision, the Fair Work Commission found that the agreement was a genuine enterprise agreement. The Commission noted the absence of any evidence of coercion and determined that the agreement contained the mandated minimum terms and conditions. The procedural requirements were also satisfied, with the Commission acknowledging the proper conduct of the bargaining process and the timely submission of all necessary documents. Consequently, the application for approval was granted.

The Fair Work Commission approved the Schneider Electric (Australia) Pty Limited Benalla Enterprise Agreement 2014, making it a legally binding agreement between the company and its employees in the Benalla area. This approval formalised the terms and conditions set forth in the agreement, which would govern the employment relationship between the parties.

Schneider Electric (Australia) Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established