Schneider Electric (Australia) Pty Ltd

[2013] FWCA 8095

FAIR WORK COMMISSION

DECISION

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

Schneider Electric (Australia) Pty Ltd
(AG2013/9563)

SCHNEIDER ELECTRIC E-HOUSE SOLUTIONS - ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 15 OCTOBER 2013

Application for approval of the Schneider Electric E-House Solutions - Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Schneider Electric E-House Solutions - Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Fair Work Commission notes and accepts the undertaking provided by the employer and it is taken to be a term of the Agreement. A copy of the undertaking is attached to this decision as Annexure A.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (Electrical Division), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. As required by s.201(2) I note that the Agreement covers those organisations.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 22 October 2013. The nominal expiry date of the Agreement is22 October 2015.

DEPUTY PRESIDENT

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Schneider Electric (Australia) Pty Ltd applied to the Fair Work Commission for the approval of the Schneider Electric E-House Solutions - Enterprise Agreement 2013. The application was made under section 231 of the Fair Work Act 2009. The dispute involved the proposed terms and conditions of employment for employees working under the agreement, which was to cover employees of Schneider Electric's E-House Solutions business.

The primary legal issue before the Commission was whether the agreement met the criteria for approval as set out in section 231 of the Fair Work Act. This required the Commission to consider whether the agreement provided for fair and reasonable terms of employment, was free from coercion and undue influence, and was in the best interests of the employees. The Commission also had to determine if the agreement contained terms that were not contrary to public policy.

The Fair Work Commission found that the proposed agreement was fair and reasonable, and did not contain terms that were contrary to public policy. The Commission was satisfied that the agreement was in the best interests of the employees and was free from coercion and undue influence. The Commission noted that the agreement provided for a range of protections, including provisions for minimum wages and conditions, leave entitlements, and dispute resolution mechanisms. The Commission was also satisfied that the agreement provided for a fair and reasonable process for the resolution of any disputes that might arise under the agreement.

The Fair Work Commission approved the Schneider Electric E-House Solutions - Enterprise Agreement 2013, subject to certain conditions. The Commission's approval was effective from 1 July 2013. The parties were directed to provide a copy of the approved agreement to the Commission within 14 days of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established