Schneider Electric (Australia) Pty Limited T/A Schneider Electric

[2021] FWCA 773

[2021] FWCA 773

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Schneider Electric (Australia) Pty Limited T/A Schneider Electric
(AG2020/4169)

SCHNEIDER ELECTRIC NATIONAL BUSINESS SERVICES ENTERPRISE AGREEMENT 2020

Clerical industry
COMMISSIONER WILSON	MELBOURNE, 15 FEBRUARY 2021

Application for approval of the Schneider Electric National Business Services Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Schneider Electric National Business Services Enterprise Agreement 2020 (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 T/A Schneider Electric. The Agreement is a single enterprise agreement.

[2] The Form F16 filed in the Fair Work Commission contained an error at question 1.1. On 27 January 2021, the Applicant wrote to the Commission notifying that the proposed enterprise agreement should have been described at question 1.1 as a single enterprise agreement as the three Schneider Electric entities are single interest employers. The Applicant sought the permission of the Commission to amend question 1.1 of the Form F16 to indicate that the enterprise agreement is a single enterprise agreement. I am satisfied that the correction to the Form should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[3] The Agreement seeks to cover three employers, they are:

● Schneider Electric (Australia) Pty Limited;

● Schneider Electric IT Australia Pty Ltd; and

● M&C Energy Pty Ltd.

[4] The Applicant submits that these employers are single interest employers for the purpose of s.172(2) of the Act. Each have common Directors and office holders. I am satisfied that the three employers are single interest employers.

[5] 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.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 February 2021. The nominal expiry date of the Agreement is 15 February 2025.

COMMISSIONER

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Annexure A