austlii:cth/FWCA/2025/3724
General information, not legal advice.
FWCA
2025-11-05
Original judgment source is linked above.
s.185 - Enterprise agreement
Schneider Electric (Australia) Pty Ltd Trading AS Schneider Electric
SCHNEIDER ELECTRIC NATIONAL DIGITAL ENERGY AND GLOBAL SERVICES ENTERPRISE AGREEMENT 2025
Application for approval of the Schneider Electric National Digital Energy and Global Services Enterprise Agreement 2025
[1] An application has been made for approval of an enterprise agreement known as the Schneider Electric National Digital Energy and Global Services Enterprise Agreement 2025 (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 Trading as Schneider Electric (the Applicant). The Agreement is a single enterprise agreement.
[2] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 18 August 2025 and the Agreement was made on 2 October 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.
[3] The Applicant expressed the view that the Agreement passes the Better Off Overall Test (BOOT) and provided a summary of why it expressed this view. Consistent with s.193A(3) of the Act I have given consideration to this view when determining whether the Agreement passes the BOOT.
[4] A small discrepancy was identified between the name of the Agreement set out in the NERR and the name on the final version of the Agreement. I regard this as a minor technical error and have paid it no regard pursuant to s.188(5) of the Act.
[5] The Applicant has provided written undertakings. 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.
[6] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 November 2025. The nominal expiry date of the Agreement is 5 November 2029.

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