Schneider Electric (Australia) Pty Ltd

[2016] FWCA 1634

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Schneider Electric (Australia) Pty Ltd t/a Schneider Electric

(AG2016/2342)

SCHNEIDER ELECTRIC NATIONAL ADAPTATION SERVICES

ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries

COMMISSIONER GREGORY

MELBOURNE, 16 MARCH 2016

Application for approval of the Schneider Electric National Adaptation Services Enterprise

Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the

Schneider Electric National Adaptation Services 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 Ltd t/a Schneider Electric. The

Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to

this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from

23 March 2016. The nominal expiry date of the Agreement is 16 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Schneider Electric (Australia) Pty Ltd applied for the approval of the Schneider Electric National Adaptation Services Enterprise Agreement 2016, under section 185 of the Fair Work Act 2009. The application was heard by Commissioner Gregory in Melbourne on 16 March 2016. The applicant, Schneider Electric (Australia) Pty Ltd, sought approval for a single enterprise agreement covering the manufacturing and associated industries.

The court was required to determine if the application met the requirements of sections 186, 187, and 188 of the Act, which pertain to the approval process for enterprise agreements. These sections include criteria such as the agreement being in writing, meeting the requirements of the Fair Work Act, and not containing any provisions that are contrary to public policy.

Commissioner Gregory concluded that the application satisfied all relevant requirements under the Act. The agreement was approved and will operate from 23 March 2016, with a nominal expiry date of 16 March 2018. The decision was made in accordance with section 54 of the Act, which mandates the approval of the agreement if the Commissioner is satisfied that all statutory criteria have been met.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established