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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Schneider Electric (Australia) Pty Limited, trading as Schneider Electric, applied to the Fair Work Commission for approval of the Schneider Electric National Business Services Enterprise Agreement 2020. The primary dispute arose from the application to approve the enterprise agreement, which was to govern the employment terms of the company's national business services employees.

The legal issues before the Commission involved assessing whether the agreement complied with the requirements of the Fair Work Act 2009. This included examining if the agreement had been made in accordance with the procedural fairness principles and whether it contained the necessary minimum terms and conditions as stipulated by the Act. Furthermore, the Commission needed to determine if the agreement was genuinely made by the parties and whether it was in the best interest of the employees.

The Fair Work Commission concluded that the enterprise agreement met the necessary criteria for approval. The Commission found that the agreement was made in a manner consistent with procedural fairness, contained all the required minimum terms, and was genuinely negotiated between the parties. Additionally, the Commission was satisfied that the agreement was in the best interest of the employees, considering their needs and the overall fairness of the terms. Consequently, the application for approval of the enterprise agreement was granted.

The final orders of the Commission included the approval of the Schneider Electric National Business Services Enterprise Agreement 2020, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment terms of the company's national business services employees from that point forward.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established