DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Schneider Electric (Australia) Pty Ltd; Schneider Electric IT Australia Pty Ltd; Schneider Electric Buildings Australia Pty Ltd
(AG2017/4275)

SCHNEIDER ELECTRIC NATIONAL BUILDING AND FIELD SERVICES ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 4 JANUARY 2018

Application for approval of the Schneider Electric National Building and Field Services Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Schneider Electric National Building and Field Services Enterprise Agreement 2017 (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; Schneider Electric IT Australia Pty Ltd; Schneider Electric Buildings Australia Pty Ltd. The Agreement is a multi-enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement was approved on 4 January 2018 and, in accordance with s.54, will operate from 11 January 2018. The nominal expiry date of the Agreement is 4 January 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves an application by three companies, Schneider Electric (Australia) Pty Ltd, Schneider Electric IT Australia Pty Ltd, and Schneider Electric Buildings Australia Pty Ltd, seeking approval of the Schneider Electric National Building and Field Services Enterprise Agreement 2017. The application was heard in the Fair Work Commission. The dispute centred around whether the proposed enterprise agreement complied with the relevant statutory provisions and whether it was appropriate for the agreement to be approved.

The central legal issues the court had to decide were whether the enterprise agreement was made in accordance with the necessary requirements under the Fair Work Act 2009, and whether the agreement was in the best interests of the employees it covered. This included assessing whether the agreement was genuinely negotiated, whether it contained appropriate terms and conditions, and whether it adequately protected the interests of the employees.

The court examined the process by which the agreement was negotiated and concluded that the parties had genuinely negotiated the agreement. It found that the agreement contained appropriate terms and conditions that were fair and reasonable. The court also considered the interests of the employees and determined that the agreement would provide them with benefits, including improved working conditions and dispute resolution mechanisms. Based on this analysis, the court approved the application, finding that the agreement was in the best interests of the employees.

The Fair Work Commission approved the Schneider Electric National Building and Field Services Enterprise Agreement 2017. The approval was subject to certain conditions, including the requirement that the companies provide regular reports on the operation of the agreement and the need for any amendments. The decision underscores the importance of ensuring that enterprise agreements are genuinely negotiated and protect the interests of employees, while also balancing the needs of employers.

Schneider Electric (Australia) Pty Ltd; Schneider Electric IT Australia Pty Ltd; Schneider Electric Buildings 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