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

[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

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.

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.

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.

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.

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

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.

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

Printed by authority of the Commonwealth Government Printer

Annexure A

Schneider Electric (Australia) Pty Ltd, trading as Schneider Electric, applied to the Fair Work Commission for approval of the South Australia Supply Chain Enterprise Agreement 2023. The application involved determining whether the agreement met the criteria for being an enterprise agreement under the Fair Work Act 2009. The agreement sought to regulate the terms and conditions of employment for employees within the specified enterprise. The legal issues before the commission included whether the agreement had been fairly negotiated, whether it contained appropriate dispute resolution mechanisms, and whether it complied with the provisions of the Fair Work Act. The commission examined the process by which the agreement was negotiated and the content of the agreement itself to assess its compliance with the legislative requirements.

The Fair Work Commission found that the agreement had been fairly negotiated and contained appropriate dispute resolution mechanisms. It also found that the agreement complied with the provisions of the Fair Work Act. The commission was satisfied that the parties had engaged in good faith bargaining and that the agreement reflected the needs and interests of both employers and employees. The commission further noted that the agreement included provisions for dispute resolution that were consistent with the requirements of the Act. The commission concluded that the agreement met the criteria for approval under the Fair Work Act.

In light of the findings, the Fair Work Commission approved the South Australia Supply Chain Enterprise Agreement 2023. The agreement was registered as a single-enterprise agreement, effective from the date of the commission's decision. The approval ensures that the terms and conditions set out in the agreement will govern the employment relationship between Schneider Electric and its employees in South Australia. The final orders included the registration of the agreement and the setting aside of any previous agreements that were inconsistent with the new agreement.

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

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