Siemens Ltd

[2022] FWCA 4318

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Siemens Ltd

(AG2022/4796)

SIEMENS LTD Regional Solutions and Services NSW Service and Construction Enterprise Agreement 2022 – 2025

Electrical contracting industry
DEPUTY PRESIDENT EASTON	SYDNEY, 8 DECEMBER 2022

Application for approval of the SIEMENS LTD Regional Solutions and Services NSW Service and Construction Enterprise Agreement 2022 - 2025.

Siemens Ltd (the Employer) has made an application for the approval of the SIEMENS LTD Regional Solutions and Services NSW Service and Construction Enterprise Agreement 2022 - 2025 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) was a bargaining representative for the Agreement and 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 CEPU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 December 2022. The nominal expiry date of the Agreement is 31 October 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In this case, Siemens Ltd applied for the approval of the SIEMENS LTD Regional Solutions and Services NSW Service and Construction Enterprise Agreement 2022 - 2025. The Fair Work Commission was the court tasked with making the decision.

The primary legal issue before the court was whether the proposed agreement met the requirements of the Fair Work Act 2009, particularly the provisions concerning enterprise agreements and the protection of employees' rights and interests. The court had to assess whether the agreement provided adequate protections for employees, including minimum wages, leave entitlements, and dispute resolution mechanisms.

After thorough consideration, the Fair Work Commission found that the agreement adequately met the legal requirements. The agreement provided for fair and reasonable terms and conditions, including minimum wages that complied with the National Minimum Wage System and leave entitlements that met the statutory minimum standards. The court also noted that the dispute resolution mechanisms were clear and accessible, providing employees with a fair process to resolve any disputes. Based on this assessment, the Commission approved the agreement, finding that it was in the best interest of the employees and served the purpose of promoting harmonious, productive, and cooperative workplace relations. The court's decision was made in accordance with the statutory framework and the principles of fairness and reasonableness.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established