[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

Printed by authority of the Commonwealth Government Printer

Schneider Electric (Australia) Pty Ltd, an employer, applied to the Fair Work Commission for approval of an enterprise agreement with its employees. The respondents were the Electrical Trades Union of Australia and the Australian Manufacturing Workers’ Union. The dispute centred on the fairness and validity of the proposed agreement, particularly concerning provisions related to working hours and shift patterns. The application was heard in the Fair Work Commission, an Australian federal court with jurisdiction over employment and workplace relations matters.

The legal issues the court was required to decide included whether the proposed agreement met the requirements of section 231 of the Fair Work Act 2009, specifically whether the agreement was made in good faith and whether it contained minimum terms and conditions of employment. Additionally, the court had to determine whether the agreement provided for procedural fairness in the workplace and if it was free from any invalid or unenforceable terms.

The Fair Work Commission held that the proposed agreement was fair and met the statutory requirements. The court found that the agreement was made in good faith, contained the necessary minimum terms and conditions, and ensured procedural fairness in the workplace. The court also determined that the provisions related to working hours and shift patterns were reasonable and did not render the agreement unfair. Consequently, the Fair Work Commission approved the Schneider Electric National Warehouse & Distribution Enterprise Agreement 2014.

The final orders of the Fair Work Commission approved the proposed enterprise agreement, which became effective from the date of the decision. The agreement was to be registered on the Register of Approved Agreements, and the parties were directed to comply with its terms.

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