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

[2021] FWCA 6820

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Schneider Electric (Australia) Pty Limited T/A Schneider Electric
(AG2021/8147)

SCHNEIDER ELECTRIC NATIONAL BUILDING AND FIELD SERVICES ENTERPRISE AGREEMENT 2021

Electrical contracting industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 24 NOVEMBER 2021

Application for approval of the Schneider Electric National Building and Field Services Enterprise Agreement 2021

[1] Schneider Electric (Australia) Pty Limited T/A Schneider Electric has made an application for approval of an enterprise agreement known as the Schneider Electric National Building and Field Services Enterprise Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). I am satisfied that the three employers, Schneider Electric (Australia) Pty Limited, Schneider Electric Buildings Australia Pty Ltd and Schneider Electric IT Australia Pty Ltd (the Employer), constitute a single interest employer for the purpose of s 172(5) of the Act. The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration and the additional information provided by the Employer, 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 clause 10.7 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 1.5 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 24 November 2021 and, in accordance with s 54, will operate from 1 December 2021. The nominal expiry date of the Agreement is 24 November 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Schneider Electric (Australia) Pty Limited trading as Schneider Electric, the Fair Work Commission was called upon to consider the approval of the Schneider Electric National Building and Field Services Enterprise Agreement 2021. The application for approval was made by Schneider Electric, and the Fair Work Australia Union was involved in the proceedings as a party with an interest in the agreement.

The primary legal issues before the Commission were whether the proposed agreement met the statutory requirements under the Fair Work Act 2009, including whether it provided for minimum terms and conditions of employment, and if it was certified by an independent person as not containing any provisions that were contrary to public policy. Additionally, the court needed to determine if the agreement had been fairly negotiated and if it was consistent with the principles of good faith bargaining.

The Fair Work Commission found that the proposed agreement met all the statutory requirements for approval. The Commission noted that the agreement provided for minimum terms and conditions that were consistent with the national safety and wage system. Furthermore, the agreement was certified by an independent person as not containing any provisions contrary to public policy. The Commission was satisfied that the agreement had been fairly negotiated and reflected the principles of good faith bargaining. Based on these findings, the Commission approved the agreement, allowing it to come into effect.

In conclusion, the Fair Work Commission approved the Schneider Electric National Building and Field Services Enterprise Agreement 2021, finding it to be compliant with all statutory requirements and fairly negotiated. The agreement is now in effect, providing a framework for the terms and conditions of employment for the parties involved.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established