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

[2023] FWCA 2302

[2023] FWCA 2302

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

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

(AG2023/1967)

SOUTH AUSTRALIA SUPPLY CHAIN ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
COMMISSIONER MATHESON	SYDNEY, 25 JULY 2023

Application for approval of the South Australia Supply Chain Enterprise Agreement 2023

1. An application has been made for approval of an enterprise agreement known as the South Australia Supply Chain Enterprise Agreement 2023 (Agreement). The application was made by Schneider Electric (Australia) Pty Ltd (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

1. Changes to the Act came into effect on 6 June 2023 in relation to genuine agreement. The Form F17A filed with the application indicates that the notification time for the Agreement was 9 February 2023. In these circumstances, and as a consequence of the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Amending Act), clause 66 of Part 13 of Schedule 1 of the Act has the effect that despite the amendments made to the Act by Part 14 of Schedule 1 to the Amending Act, Part 2-4 of the Act continues to apply as if the amendments had not been made. The application has been assessed on this basis, taking into account the provisions of Part 2-4 of the Act relating to genuine agreement that were in force immediately prior to the commencement of the amendments.

1. An error was made in the application and Form F17A filed with the application in that it references the Agreement name as ‘Schneider Electric South Australia Supply Chain Enterprise Agreement 2023’. The name of the Agreement, as reflected in clause 1.1 of the Agreement is the ‘South Australia Supply Chain Enterprise Agreement 2023’. Pursuant to s.586 of the Act, I allow the correction to the application and Form F17A so that the Agreement name is as reflected in clause 1.1 of the Agreement.

1. The Applicant, who is also the employer covered by the Agreement, has provided written undertakings. A copy of the undertakings is attached at Annexure A of this decision (Undertakings). The views of each person I know is a bargaining representative for the Agreement were sought in relation to the Undertakings and no objections were raised. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a)cause financial detriment to any employee covered by the Agreement; or

(b)result in substantial changes to the Agreement.

1. Pursuant to s.190(3) of the Act, I accept the Undertakings.

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

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 August 2023. The nominal expiry date of the Agreement is 25 July 2027.

COMMISSIONER

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Annexure A