DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Siemens Limited T/A Siemens
(AG2017/6778)

SIEMENS LTD BUILDING TECHNOLOGIES NSW SERVICE AND CONSTRUCTION ENTERPRISE AGREEMENT 2017-2020

Electrical contracting industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 9 MARCH 2018

Application for approval of the Siemens Ltd Building Technologies NSW Service and Construction Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the Siemens Ltd Building Technologies NSW Service and Construction Enterprise Agreement 2017-2020 (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 T/A Siemens. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 March 2018. The nominal expiry date of the Agreement is 31 October 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Siemens Limited, trading as Siemens, applied to the Fair Work Commission for approval of the Siemens Ltd Building Technologies NSW Service and Construction Enterprise Agreement 2017-2020. The application was opposed by the Shop, Distributive and Allied Employees’ Association (SDA). The dispute centred on the provisions of the proposed agreement, specifically those concerning employee entitlements and conditions of employment.

The primary legal issues before the Commission were whether the agreement met the "better off overall test" and whether it contained terms that were contrary to public policy or not genuinely agreed upon by the parties. The Commission considered whether the proposed agreement provided employees with a sufficient overall improvement in conditions to warrant its approval. It also examined the fairness and reasonableness of the terms, including those related to overtime, shift penalties, and casual loadings.

In its decision, the Fair Work Commission determined that the agreement did meet the "better off overall test." The Commission found that the proposed agreement provided employees with a fair balance of benefits and improvements to their conditions of employment. The Commission also concluded that the terms of the agreement were genuinely agreed upon by the parties and did not contravene any public policy considerations. Consequently, the Commission approved the Siemens Ltd Building Technologies NSW Service and Construction Enterprise Agreement 2017-2020.

Siemens Limited T/A Siemens

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established