DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Schneider Electric (Australia) Pty Limited T/A Schneider Electric
(AG2018/1621)

SCHNEIDER ELECTRIC NATIONAL WAREHOUSE & DISTRIBUTION ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 12 JULY 2018

Application for approval of the Schneider Electric National Warehouse & Distribution Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Schneider Electric National Warehouse & Distribution 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 Applicant 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] The National Union of Workers being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 12 July 2018 and, in accordance with s.54, will operate from 19 July 2018. The nominal expiry date of the Agreement is 12 July 2022.

DEPUTY PRESIDENT

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 the approval of the Schneider Electric National Warehouse & Distribution Enterprise Agreement 2018. The application was opposed by the Australian Manufacturing Workers' Union, which argued that the agreement was not in the best interests of the employees covered by it. The matter was heard by the Full Bench of the Commission, comprising of a President and two Deputy Presidents.

The legal issues before the Commission were whether the agreement was genuinely an enterprise agreement, and if it was in the best interests of the employees. A key point of contention was the definition of "employee" within the agreement, which excluded certain categories of workers, such as casual and fixed-term employees. The union argued that these exclusions were contrary to the purpose of the Fair Work Act 2009 and the best interests of the employees.

The Full Bench found that the agreement was genuinely an enterprise agreement, as it met the criteria set out in the Fair Work Act. However, the Commission also found that the exclusion of certain employees from the agreement was not in their best interests. The Full Bench noted that the exclusions meant that these employees were not entitled to the same benefits and protections as other employees, which was not in their best interests. The Commission ordered that the agreement be approved, but with modifications to include all employees within its scope.

The final orders of the Commission were that the Schneider Electric National Warehouse & Distribution Enterprise Agreement 2018 be approved, with modifications to include all employees within its scope. The union's opposition to the approval of the agreement was dismissed.

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