Schneider Electric (Australia) Pty Ltd Summary

[2014] FWCA 3078

FAIR WORK COMMISSION

DECISION

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

Schneider Electric (Australia) Pty Ltd
(AG2014/5795)

SOUTH AUSTRALIA SUPPLY CHAIN ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 13 MAY 2014

Application for approval of the South Australia Supply Chain Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the South Australia Supply Chain 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 Agreement is a single-enterprise agreement.

[2] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 May 2014. The nominal expiry date of the Agreement is 12 May 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Schneider Electric (Australia) Pty Ltd applied to the Fair Work Commission for approval of the South Australia Supply Chain Enterprise Agreement 2014. The application was made under section 230 of the Fair Work Act 2009, which requires that an enterprise agreement be approved by the Commission if it is to have the attributes of a registered agreement. The primary dispute in this case revolved around the conditions of employment and the terms of the proposed agreement. The Commission was required to determine whether the agreement met the statutory requirements for registration and whether it complied with the provisions of the Act.

The legal issues the court needed to decide included whether the agreement provided for the proper negotiation of terms and conditions of employment, whether it complied with the "better off overall test," and whether it adhered to the provisions of the Fair Work Act. Additionally, the court examined whether the agreement was fair and reasonable in all its terms and whether it was consistent with the principles of industrial law. The court considered submissions from both parties and examined the evidence presented to determine the validity and enforceability of the agreement.

The Fair Work Commission found that the agreement met the statutory requirements for registration. The Commission determined that the agreement had been negotiated in good faith and that it complied with the "better off overall test," meaning that employees would be no worse off and at least some would be better off under the terms of the agreement compared to their previous conditions. The Commission also found that the agreement was fair and reasonable in all its terms and consistent with the principles of industrial law. As a result, the Commission approved the agreement, granting it the attributes of a registered agreement under the Fair Work Act. The decision ensures that the terms of the South Australia Supply Chain Enterprise Agreement 2014 are legally binding and enforceable for the parties involved.

Schneider Electric (Australia) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established