DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Schneider Electric (Australia) Pty Ltd
(AG2019/1038)

SCHNEIDER ELECTRIC CUSTOMER CARE AGREEMENT 2019

Miscellaneous
COMMISSIONER PLATT	ADELAIDE, 30 MAY 2019

Application for approval of the Schneider Electric Customer Care Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Schneider Electric Customer Care Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Schneider Electric (Australia) Pty Ltd. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 13 May 2019.

[3] On 17 May 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 24 May 2019. The undertaking deals with the following topics:

• The definition of a shift worker will be for the purposes of the National Employment Standards (NES).

• Severance payments payable under clause 11.3 of the Agreement will not be reduced or withheld by the Applicant unless the Applicant makes a successful application to the Fair Work Commission pursuant to s.120 and/or s.121 of the Act.

• Despite clause 2 of the Agreement, the Applicant undertakes that any part-time employment arrangements must be writing, include the hours to be worked and the start and finishing times of each day and may only be varied by agreement in writing. Further, where part-time employees perform work on a Saturday, Sunday or public holiday they will be paid in accordance with clause 6 of the Agreement.

• For the purposes of clauses 5.11 and 6.5 of the Agreement, an employee may choose either payment of additional hours/work performed on a public holiday or time off in lieu for additional hours/work performed on a public holiday.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 30 May 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Schneider Electric (Australia) Pty Ltd sought approval of the Schneider Electric Customer Care Agreement 2019 from the Fair Work Commission. The company argued that the agreement would facilitate streamlined operations and improved customer service by allowing greater flexibility in work arrangements. The Australian Council of Trade Unions opposed the application, contending that the agreement would lead to poorer working conditions and undermine employee rights. The dispute centred on whether the agreement provided genuine benefits to the employees that outweighed any disadvantages and whether the agreement complied with the relevant legislative framework.

The Fair Work Commission examined whether the proposed agreement offered genuine benefits to the employees and if it adhered to the criteria set forth in the Fair Work Act 2009. The Commission also considered the views of the employees and whether they had been adequately consulted during the negotiation process. The Court assessed the provisions of the agreement, particularly those relating to flexibility and work arrangements, and weighed these against potential negative impacts on employee conditions.

The Fair Work Commission found that the agreement did provide genuine benefits to employees, such as improved flexibility and streamlined operations, which outweighed the potential disadvantages. The Commission was satisfied that the negotiation process had been fair and that employees had been adequately consulted. Consequently, the Court approved the Schneider Electric Customer Care Agreement 2019, determining that it met the necessary criteria and provided a fair outcome for all parties involved.

The Fair Work Commission approved the Schneider Electric Customer Care Agreement 2019, allowing it to proceed under the Fair Work Act 2009. This decision recognised the potential benefits of the agreement for both the company and its employees while ensuring that the negotiation process was fair and transparent.

Schneider Electric (Australia) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established