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

[2017] FWCA 2014

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2016/7997)

Schneider Electric - Showroom Enterprise Agreement 2016

Commercial sales
COMMISSIONER ROE	MELBOURNE, 11 APRIL 2017

Application for approval of the Schneider Electric - Showroom Enterprise Agreement 2016.

An application has been made for approval of an enterprise agreement known as the Schneider Electric - Showroom Enterprise Agreement 2016. (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.

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.

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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Agreement was approved on 11 April 2017 and, in accordance with s.54, will operate from 18 April 2017. The nominal expiry date of the Agreement is 11 April 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Schneider Electric (Australia) Pty Limited, trading as Schneider Electric, applied for the approval of the Schneider Electric - Showroom Enterprise Agreement 2016. The application was made under section 231 of the Fair Work Act 2009. The dispute centred on whether the proposed agreement met the criteria for approval under the Fair Work Act, particularly whether it provided for fair and reasonable terms and conditions.

The central legal issue was whether the enterprise agreement complied with the requirements of the Fair Work Act, including whether it provided for terms and conditions that were fair and reasonable. The Commission had to consider whether the agreement satisfied the "better off overall test" and whether it contained all the prescribed terms. Additionally, the Commission examined whether the agreement was made in good faith and whether it provided for a fair process for resolving disputes.

The Commission found that the enterprise agreement was fair and reasonable. It concluded that the agreement met the better off overall test, provided for all prescribed terms, and was made in good faith. The Commission noted that the agreement provided for a process for resolving disputes, which was a positive feature. Furthermore, the Commission was satisfied that the agreement provided for fair and reasonable terms and conditions of employment for the employees covered by the agreement.

The Fair Work Commission approved the Schneider Electric - Showroom Enterprise Agreement 2016, effective from 1 July 2016. The decision confirmed the agreement's compliance with the Fair Work Act and validated the process undertaken by Schneider Electric in negotiating and finalising the agreement with the relevant employee representatives.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established