Schneider Electric (Australia) Pty Ltd

[2015] FWCA 560

[2015] FWCA 560

The attached document replaces the document previously issued with the above code on 21 January 2015.

An undertaking has been attached.

Associate to Commissioner Roe

Dated 12 March 2015

[2015] FWCA 560

FAIR WORK COMMISSION

DECISION

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

Schneider Electric (Australia) Pty Ltd
(AG2014/11075)

SCHNEIDER ELECTRIC NATIONAL WAREHOUSE & DISTRIBUTION ENTERPRISE AGREEMENT 2014

Storage services
COMMISSIONER ROE	MELBOURNE, 21 JANUARY 2015

Application for approval of the Schneider Electric National Warehouse & Distribution Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Schneider Electric National Warehouse & Distribution Enterprise Agreement 2014 (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 (the Applicant). The agreement is a single-enterprise agreement.

[2] I was initially concerned with some aspects of the proposed Agreement and wrote to the company outlining those issues on 7 January 2015. On 15 January 2015 I received a signed undertaking in response to the queries from Meaghan Roland, HR Business Partner. Undertaking were also provided with the Application. These undertakings now form part of the Agreement and are kept on the file. A copy of the undertakings should be circulated to all employees and attached to all copies of the agreement subsequently produced or used by the parties.

[3] The undertakings which now form part of the Agreement are attached.

[4] I am satisfied that the effect of the undertakings are not likely to cause financial detriment to any employee covered by the Agreement; or result in substantial changes to the Agreement. Acceptance of the undertakings is consistent with the object of Part 2-4 of the Act to facilitate the making of agreements. The bargaining representatives that the Fair Work Commission is aware of have been consulted and support the undertakings.

[5] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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.

[6] The National Union of Workers has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with Section 201(2) of the Act I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 January 2015. The nominal expiry date of the Agreement is 21 January 2018.

COMMISSIONER

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