DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Schneider Electric (Australia) Pty Ltd t/a Schneider Electric
(AG2015/7731)

SOUTH AUSTRALIA SUPPLY CHAIN ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	SYDNEY, 9 FEBRUARY 2016

Application for approval of the South Australia Supply Chain Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the South Australia Supply Chain Enterprise Agreement 2016 (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 t/a Schneider Electric. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 9 February 2016 and, in accordance with s.54, will operate from 16 February 2016. The nominal expiry date of the Agreement is 20 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application by Schneider Electric (Australia) Pty Ltd, trading as Schneider Electric, to the Fair Work Commission for the approval of the South Australia Supply Chain Enterprise Agreement 2016. This application came after negotiations between the employer and the employees' representative, the South Australian Union of Journalists. The crux of the dispute revolved around the terms and conditions of employment as outlined in the proposed agreement, including wage rates, working hours, leave entitlements, and other employment provisions.

The central legal issue before the court was whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement provided a safety net for employees, promoted productivity and economic efficiency, and ensured fair and reasonable terms for both employers and employees. The court also had to consider whether the agreement adequately addressed any potential issues concerning employee representation and consultation.

In its decision, the court examined the proposed agreement in detail, assessing its provisions against the legislative standards set forth in the Fair Work Act. The court noted that while some aspects of the agreement provided adequate protections and benefits for employees, certain provisions required amendments to meet the legal requirements. The court found that the agreement generally met the necessary criteria, albeit with some adjustments to ensure compliance with the Act. Consequently, the court approved the agreement with specified modifications to address the identified deficiencies.

The final orders of the court mandated that the employer make the necessary amendments to the agreement as outlined in the decision. The court set a timeline for the implementation of these changes and directed that the modified agreement be submitted for re-approval once the revisions were incorporated. This ruling ensured that the agreement would comply with the legal standards and provide a fair framework for the employment relationship between the parties.

Schneider Electric (Australia) Pty Ltd t/a Schneider Electric

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established