Schneider Electric (Australia) Pty Ltd

[2019] FWCA 1604

[2019] FWCA 1604

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Schneider Electric (Australia) Pty Ltd
(AG2018/7088)

SOUTH AUSTRALIA SUPPLY CHAIN ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT MANSINI	MELBOURNE, 12 MARCH 2019

Application for approval of the South Australia Supply Chain Enterprise Agreement 2018.

[1] Schneider Electric (Australia) Pty Ltd has made an application for approval of an enterprise agreement known as the South Australia Supply Chain Enterprise Agreement 2018 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] Written undertakings have been given in accordance with s.190 of the Act. 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 that the undertakings will not result in substantial changes to the Agreement.

[3] 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.

[4] I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 8 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union and The Australian Workers’ Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they respectively support the approval of the Agreement and want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[6] The Agreement was approved on 12 March 2019 and, in accordance with s.54, will operate from 19 March 2019. The nominal expiry date of the Agreement is 12 March 2023.

Printed by authority of the Commonwealth Government Printer

<AE502250  PR705750>

Annexure A