| [2019] FWCA 510 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Schneider Electric (Australia) Pty Limited T/A Schneider Electric
(AG2018/3900)
SCHNEIDER ELECTRIC (AUSTRALIA) PTY LIMITED BENALLA ENTERPRISE AGREEMENT 2018
Manufacturing and associated industries | |
DEPUTY PRESIDENT COLMAN | MELBOURNE, 30 JANUARY 2019 |
Application for approval of the Schneider Electric (Australia) Pty Limited Benalla Enterprise Agreement 2018.
[1] An application has been made for approval of an enterprise agreement known as the Schneider Electric (Australia) Pty Limited Benalla Enterprise Agreement 2018 (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 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.
[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.
[4] I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 1.4 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
[5] The Agreement was approved on 30 January 2019 and, in accordance with s.54, will operate from 6 February 2019. The nominal expiry date of the Agreement is 30 January 2023.
DEPUTY PRESIDENT
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Annexure A
- AGLC
- Schneider Electric (Australia) Pty Limited T/A Schneider Electric [2019] FWCA 510
- Case
- [2019] FWCA 510
- Decision Date
CaseChat Overview and Summary
The legal issues before the Commission were whether the agreement met the requirements for approval under section 231 of the Fair Work Act. Specifically, the Commission needed to determine if the agreement contained the necessary minimum terms and conditions, was made in good faith, and was free from any improper conduct. The Commission also had to consider whether the agreement satisfied the requirements for coverage and the procedural fairness of the bargaining process.
The Commission found that the agreement contained all the necessary minimum terms and conditions and was made in good faith. The Commission also determined that the agreement was free from any improper conduct and met the requirements for coverage. The Commission was satisfied that the bargaining process was procedurally fair and that the agreement was made without any undue influence or coercion. Based on these findings, the Commission approved the agreement.
The Fair Work Commission approved the Schneider Electric (Australia) Pty Limited Benalla Enterprise Agreement 2018, finding it to be fair and reasonable, and meeting all the statutory requirements. The Commission's decision was based on the evidence presented and the legal criteria established under the Fair Work Act. The approval of the agreement means that it will now form the basis of the employment terms and conditions for the relevant employees.
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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