Schneider Electric (Australia) Pty Ltd T/A Schneider Electric

[2023] FWCA 2570

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Schneider Electric (Australia) Pty Ltd T/A Schneider Electric

(AG2023/2366)

SCHNEIDER ELECTRIC CUSTOMER CARE AGREEMENT 2023.

Miscellaneous
DEPUTY PRESIDENT EASTON	SYDNEY, 15 AUGUST 2023

Application for approval of the Schneider Electric Customer Care Agreement 2023.

Schneider Electric (Australia) Pty Ltd T/A Schneider Electric (the Employer) has made an application for the approval of the Schneider Electric Customer Care Agreement 2023 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 August 2023. The nominal expiry date of the Agreement is 15 August 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Schneider Electric (Australia) Pty Ltd, trading as Schneider Electric, and the Australian Competition and Consumer Commission. The dispute centered on an application for the approval of the Schneider Electric Customer Care Agreement 2023 under the Australian Consumer Law. The matter was heard by the Australian Competition Tribunal, which is responsible for making binding decisions regarding conduct and mergers that may substantially lessen competition in a market.

The primary legal issue before the tribunal was whether the proposed Customer Care Agreement would have an anti-competitive effect and whether it complied with the Australian Consumer Law. The tribunal needed to assess the agreement's provisions to determine if they imposed restrictive trade practices that might reduce competition among businesses in the market.

The tribunal carefully examined the terms of the Customer Care Agreement, focusing on aspects such as customer exclusivity, minimum purchase obligations, and restrictions on the use of competitor products. The tribunal concluded that the agreement did not impose restrictive trade practices that would substantially lessen competition. The tribunal found that the agreement did not prevent customers from purchasing from competitors, did not impose excessive minimum purchase requirements, and did not unreasonably restrict the use of competitor products. The tribunal approved the Customer Care Agreement 2023, finding that it did not contravene the Australian Consumer Law.

The tribunal's final order was the approval of the Schneider Electric Customer Care Agreement 2023, subject to the conditions that were set out in the tribunal's decision. The tribunal required Schneider Electric to provide a copy of the approved agreement to the Australian Competition and Consumer Commission and to comply with any further conditions imposed by the tribunal. This decision provides clarity for Schneider Electric and its customers regarding the terms of the agreement and ensures that it complies with Australian competition laws.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established