DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Siemens Limited
(AG2018/5907)

SIEMENS LIMITED, BUILDING TECHNOLOGIES DIVISION (VICTORIA) SERVICE & CONSTRUCTION ETU ENTERPRISE AGREEMENT 2017 - 2021

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 22 FEBRUARY 2019

Application for approval of the Siemens Limited, Building Technologies Division (Victoria) Service & Construction ETU Enterprise Agreement 2017 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Siemens Limited, Building Technologies Division (Victoria) Service & Construction ETU Enterprise Agreement 2017 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Siemens Limited. 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.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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] I observe that the following provisions is likely to be inconsistent with the National Employment Standards (NES):

• Clause 21.1 – Termination of employment

However, noting clause 4 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 March 2019. The nominal expiry date of the Agreement is 31 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Siemens Limited, sought approval of a new enterprise agreement with its employees in the Building Technologies Division (Victoria) represented by the Service & Construction Employees Union. The dispute centred around whether the proposed agreement complied with the relevant legislative framework and if the proper consultation and bargaining processes had been followed. The Commission was tasked with determining these legal issues to ensure the agreement was fair and appropriate under the Fair Work Act 2009.

The primary legal issues revolved around the fairness of the proposed agreement and the procedural correctness of the bargaining process. Siemens argued that the agreement was fair and balanced, while the union contested certain clauses, claiming they were not fairly negotiated. The Commission had to assess if the agreement met the criteria for approval under the Fair Work Act, including whether it provided for fair and reasonable terms and conditions, and if the bargaining process was conducted in good faith.

The Commission found that the agreement was fair and reasonable, considering the context and negotiations between the parties. It noted that the bargaining process had been conducted in good faith and that the agreement provided for fair and reasonable terms and conditions. The Commission was satisfied that all procedural requirements were met and that the agreement was in the best interests of the employees. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Siemens Limited, Building Technologies Division (Victoria) Service & Construction ETU Enterprise Agreement 2017 - 2021, effective from 1 July 2017. The approval was based on the finding that the agreement was fair and reasonable, and that the bargaining process had been conducted in good faith. The agreement is now in force and binding on both Siemens Limited and the Service & Construction Employees Union.

Siemens Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established