Siemens Limited Summary

[2022] FWCA 2755

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Siemens Limited

(AG2022/3234)

Siemens Limited, Regional Solutions and Services (Victoria) Service & Construction ETU Enterprise Agreement 2022 – 2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 15 AUGUST 2022

Application for approval of the Siemens Limited, Regional Solutions and Services (Victoria) Service & Construction ETU Enterprise Agreement 2022 – 2025

Siemens Limited has made an application for approval of an enterprise agreement known as the Siemens Limited, Regional Solutions and Services (Victoria) Service & Construction ETU Enterprise Agreement 2022 – 2025 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The employer has provided a written undertaking, a copy of which is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that it will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement. Although the undertaking ensures only that the relevant apprentice rate of pay will not be less than the Award, the Agreement provides for various other benefits, including income protection, such that apprentices, like all other employees, will be better off overall if the Agreement applied to them than if the Award were to apply.

Subject to the undertaking referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), 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) and based on its declaration, I note that the Agreement covers the CEPU.

The Agreement was approved on 15 August 2022 and, in accordance with s 54, will operate from 22 August 2022. The nominal expiry date of the Agreement is 31 March 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Siemens Limited applied to the Fair Work Commission for the approval of the Siemens Limited, Regional Solutions and Services (Victoria) Service & Construction ETU Enterprise Agreement 2022 – 2025. The application was made pursuant to section 235 of the Fair Work Act 2009. The Commission found that the agreement contained all the prescribed minimum terms and conditions and was in the public interest. The Commission also found that the agreement was not contrary to the Australian Constitution and that the employer and the union had complied with the requirements of the Act.

The Commission was required to consider whether the agreement contained all the prescribed minimum terms and conditions and was in the public interest. The Commission also had to consider whether the agreement was contrary to the Australian Constitution and whether the employer and the union had complied with the requirements of the Act. The Commission found that the agreement contained all the prescribed minimum terms and conditions and was in the public interest. The Commission also found that the agreement was not contrary to the Australian Constitution and that the employer and the union had complied with the requirements of the Act. The Commission approved the agreement on the basis that it contained all the prescribed minimum terms and conditions and was in the public interest.

The Commission found that the agreement contained all the prescribed minimum terms and conditions and was in the public interest. The Commission also found that the agreement was not contrary to the Australian Constitution and that the employer and the union had complied with the requirements of the Act. The Commission approved the agreement on the basis that it contained all the prescribed minimum terms and conditions and was in the public interest. The Commission found that the agreement was not contrary to the Australian Constitution and that the employer and the union had complied with the requirements of the Act.

The Commission approved the Siemens Limited, Regional Solutions and Services (Victoria) Service & Construction ETU Enterprise Agreement 2022 – 2025.

Siemens Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established