Professional Documents
Culture Documents
DECISION
Fair Work Act 2009
s.185—Enterprise agreement
Application for approval of the Schneider Electric (Australia) Pty Limited Benalla Enterprise
Agreement 2018.
[1] An application has been made for approval of an enterprise agreement known as the
Schneider Electric (Australia) Pty Limited Benalla Enterprise Agreement 2018 (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 Limited T/A Schneider Electric. The
agreement is a single enterprise agreement.
[2] The Employer 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, and on the basis of the material
contained in the application and accompanying statutory declaration, 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] I observe that certain provisions of the Agreement are likely to be inconsistent with
the National Employment Standards (NES). However, noting clause 1.4 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.
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[2019] FWCA 510
[5] The Agreement was approved on 30 January 2019 and, in accordance with s.54, will
operate from 6 February 2019. The nominal expiry date of the Agreement is 30 January 2023.
DEPUTY PRESIDENT
<AE501509 PR704364>
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[2019] FWCA 510
Annexure A
Applicant
Schneider Electric (Australia) Ply Limited
1. For the purpose of the additional w eek's annual leave available to employees pursuant to
section 87(1 )(b) of the Fair Work Act, notwithstanding the terms of this Enterprise Agreement
a shift worker "is a 7 day shift worker who is regularly rosie red to perform work on Sundays
and public holidays •
2. Notwithstanding the provisions of clause 9.4 (Superannuation) all employees will be entitled
to the minimum percentage of superannuation guarantee contribution as prescribed by the
Superannuation Guarantee Administration Act.
3. A part time employee must be engaged and paid for a minimum of four consecutive hours
per day or shift. In order to meet the employee's personal circumstances, a part time
employee may request and Schneider Electric may agree to an engagement of no less than
3 consecutive hours per day or shift.
4. Where a part time employee is required by Schneider Electric to work in excess of their
agreed weekly part time hours such hours worked at the direction of Schneider Electric will
be paid as overtime hours in accordance with this Agreement.
Au thority to sign: I have the authority given to me by Schneider Electric to provide this
undertaking in relation to this application before the Fair Work Commission.
Signature:
4418402.v1\SYOOMS
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4098830-v2\SYDDMS
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Table of contents
1. The Agreement 2
2. Coverage of the Agreement 2
3. Remuneration 2
4. Your working hours 3
5. Leave 6
6. Allowances 9
B. Travel 10
9. Superannuation 10
10. Policies and Procedures 11
11. Leaving Schneider Electric 11
12. Grievance Procedure 13
13. Redundancy I Severance Payments 13
14. Fixed Term Employees 16
15. Part Time and Casual Employees 16
16. Flexibility Arrangements 16
17. Consultation Procedure 17
18. Definitions 17
Schedule A 19
Rates of Pay, Allowances and Classifications 19
Schedule B 26
Compensation for Voluntary Additional Hours (alternate options) 26
ScheduleC. 27
Grievance Procedure 27
ScheduleD 28
Flexibility Arrangements 28
Schedule E 29
Consultation Procedure 29
1. The Agreement
1.1 This Enterprise Agreement shall be known as the Schneider Electric (Australia) Pty Limited
Benalla Enterprise Agreement 2018 (the Agreement).
1.2 The Agreement applies to the exclusion of all other industrial instruments and legislation,
(including any transitional instruments) which would otherwise have application to the
employment, except to the extent only that:
1.3 For the avoidance of doubt, whilst the Agreement remains in operation, a modern award
which covers any of the employees who fall within the classifications set out in' Schedule A-
Rates of Pay, Allowances and Classifications, will have no application.
1.4 This Agreement must be read in conjunction with the National Employment Standards
(Standards) as contained in the Act. If the Standards provide a more generous benefit, the
Standards will apply to the exclusion of any provision of this Agreement.
1.5 The Agreement shall commence seven (7) days after the date of approval by the Fair Work
Commission. The nominal expiry date of the Agreement will be four (4) years from the date of
approval by the Fair Work Commission (the Term).
2.2 This Agreement shall have no application to any person engaged in a management,
professional, clerical or administrative role (Excluded Classifications).
3. Remuneration
Remuneration Components
3.1 You will be paid on a weekly basis, as advised by Schneider Electric, in arrears by electronic
funds transfer.
3.2 Subject to your classification, your remuneration may be made up of the following:
3.3 Full Time and Part Time employees will be paid an Hourly Rate above or equal to the
minimum rate which pertains to their classification. The minimum Hourly Rate for Full Time
and Part Time employees is set out in Schedule A -Rates of Pay, Allowances and
Classifications. You may be paid at a level in excess of the minimum rate for your
classification.
3.4 The rate of pay for Casual Employees will be the minimum Hourly Rate for the relevant
classification plus a 25% loading.
3.5 The minimum Hourly Rate increases during the Term of the Agreement applicable to the
classifications are set out at Schedule A -Rates of Pay, Allowances and Classifications.
4.1 If you are a Full Time employee, your working hours will be made up of 38 ordinary hours per
•* .
4.2 In addition to your Ordinary Weekly Hours, Schneider Electric expects that, regardless of
classification, employees are available to work reasonable Additional Hours (Overtime) in
excess of their minimum hours per week. Such Additional Hours may involve weekdays
(extended shift), Saturdays and Sundays and Public Holiday work, where such work is
required to be performed to meet the operational needs of the.business.
4.3 If you are a Part Time employee, you will be required to work an agreed number of hours
each week (less than 40 each week).
4.4 The Ordinary Weekly Hours will be worked Monday to Friday between 6.00am and 7.00pm.
4.5 Where employees are required to perform services on a Saturday or Sunday, such hours will
not be part of the Ordinary Weekly Hours and will be paid in accordance with clause 4.17 of
this Agreement.
4.6 You will be entitled to a rest break on daily basis provided you work more than five (5)
continuous hours in any shift, and this will be regarded as time worked and is a paid break.
The duration of a rest break will be 10 minutes.
4.7 You will be entitled to a meal break on a daily basis, and this will not be regarded as time
worked and will be unpaid. The duration of the unpaid meal break is 30 minutes.
4.8 If you work on a Saturday or Sunday, you will be entitled to a paid rest break of 10 minutes
and a paid meal break of 20 minutes. These breaks will be regarded as time worked and paid
at your Hourly Rate provided you work more than five (5) continuous hours in any shift.
4.9 Where you are required to undertake more than four (4) additional hours (as overtime) as a
result of being notified of the requirement to perform such overtime on the same day,
Schneider Electric will pay a meal allowance of $14.25.
4.10 You will not be required to work more than five (5) hours without a rest or meal break.
4.11 Schneider Electric may alter the duration and time of taking a scheduled rest or meal break
for one or more employees if it is necessary to do so in order to meet a requirement for
continuity of operations.
4.12 Schneider Electric will provide employees access to tea, coffee, sugar, milk and boiling water.
4.13 Where overtime is calculated on a daily basis, all hours in excess of 8 worked in a single day
(Monday to Friday) will be deemed Additional Hours. You may be offered the ability to
participate in a flexible hours arrangements which permits Additional Hours to be calculated
over a weekly or fortnightly period (as defined by Schneider Electric). Details of the operation
of such flexible arrangements are set out at Schedule B- Compensation for Voluntary
Additional Hours (alternate options) to this Agreement.
4.14 Where you work Additional Hours, you will be compensated for such additional work by
payment at the penalty rate of pay.
4.15 Where you elect to be paid for your Additional Hours, you will receive payment on the
following basis:
First three (3) Additional Hours in All subsequent daily hours until the
each day completion of the shift
Make up time
4.16 With the consent of Schneider Electric, an employee may take short periods of time from work
(for example two (2) hours) during his or her usual working hours and make up that time at
another time such that the employee's Ordinary Weekly Hours total 40 for the week (or
appropriate hours for Part Time employees). Such make up time must be made within the
ordinary span of hours (that is 6.00am to 7.00pm Monday to Friday) and within the same pay
period. A maximum of two (2) hours make up time in addition to ordinary hours may be
worked on any one day. Make up time is only available with the consent of Schneider Electric
and must be arranged prior to you working the make up time.
Weekend Work
4.17 Weekend and public holiday work is not part of the Ordinary Weekly Hours. All work
performed on a weekend or a public holiday at the direction of your Supervisor will be paid in
accordance with this clause. Each engagement on a Saturday shall have a minimum duration
of four (4) hours. Each engagement on a Sunday shall have a minimum duration of three (3)
hours. Hours worked at the weekend or public holidays are not included in any calculation of
Additional Hours due to the application of the following penalty rates: ·
Public Holidays
4.18 Employees required to work on a Public Holiday(s) will be paid for a minimum of four (4)
hours work at the rate of double time and a half (150%). The double time and a half is to be
paid until you finish work on the public holiday.
4.19 Alternatively, by agreement between Schneider Electric and you, you may elect to be
compensated for work on a Public Holiday by substituting any other day for the public
holiday(s) worked.
4.20 Where a shift falls partly on a Public Holiday, the shift that has the major portion falling on the
Public Holiday will be regarded as the Public Holiday shift.
4.21 Shift loadings and compensation for Additional Hours will not apply for work performed on
weekends and Public Holidays.
Shift Work
4.22 Afternoon Shift is any dedicated shift finishing after 7.00pm and at or before 1.00am. If you
are rostered to work on Afternoon Shift you will be paid for that shift 15% more than your
ordinary Hourly Rate.
4.23 Night Shift is any dedicated shift finishing after 1.00am and at or before 6.15am. If you are
rostered to work on Night Shift you will be paid for that shift 30% more than your ordinary
Hourly Rate.
Call back
4.24 Where you are recalled to worl< Additional Hours after leaving Schneider Electric's premises
on a week day (Monday to Friday), you will be guaranteed a minimum of four (4) hours work.
Except in the case of unforeseen circumstances arising, you will not be required to work the
full four (4) hours if the job you are recalled to do is completed within a shorter period.
4.25 If you are recalled on more than one occasion between the end of work on one day and the
commencement of work on the next normal working day, you will be entitled to a minimum
payment of four (4) hours for each call back. However, in such circumstances it Is only the
time that is actually worked during the previous call back or call backs that is to be taken into
account when determining the overtime rate for subsequent calls.
4.26 The provisions of this clause do not apply in cases where it is customary for an employee to
return to work to perform a specific job outside the employee's ordinary working hours or
where the overtime is continuous (excluding any breaks) with the commencement or
completion of ordinary working time.
4.27 A call back occurring on a Saturday, Sunday and/or Public Holiday will be paid in accordance
with clauses 4.17 Weekend and 4.18 Public Holidays. However, the minimum engagement
on a Sunday or Public Holiday will be four (4) hours in call back situations only.
4.28 Where you work Additional Hours on a week day (Monday to Friday) as a result of a call back,
you will be entitled to have at least eight (8) hours off duty between the end of the call back
shift and the commencement of your next shift.
4.29 Where you are required to work your ordinary hours outside of the Ordinary Weekly Hours
and you are not working part of a dedicated Afternoon Shift or Night Shift you will be entitled
to additional compensation for work performed before 6.00 am or after 7.00 pm on any such
day (Monday to Friday). Such hours will be treated in accordance with clause 4.13-
Additional Hours (Overtime) and clause 4.14- Compensation for Additional Hours
(Overtime).
4.30 All Full Time employees will accrue time towards 13 RDOs in each year. RDOs must be taken
in accordance with clauses 4.30- 4.35.
4.31 One (1) ROO must be taken on the Monday immediately prior to the Melbourne Cup Public
Holiday. Note that this will be a mandatory ROO to be taken by all employees. Any employees
who have not accrued enough time to cover this day including Casual employees will be
entitled to leave without pay.
4.32 Twelve (12) of the accrued RDOs, will be available for employees to take as paid leave upon
a leave request being approved. The approval and the taking of RDOs is at the discretion of
Schneider Electric, taking into consideration the needs of the business and the requirement
for continuity of operations. The approval of an employee taking a RDO will not be
unreasonably withheld. It is the employee's responsibility to apply for these RDOs and
Schneider Electric is obliged to approve the requested days provided that at least four (4)
weeks' notice is given and approval has not been previously granted to a number of
employees in the same work group for the same dates that will impact operational
requirements. Once a ROO is approved, it is only able to be cancelled if both Schneider
Electric and the employee mutually agree to cancel the ROO request. No more than two (2)
RDOs can be taken on anyone occasion of leave.
4.33 · Notwithstanding any other provision of this clause, in the case of a breakdown In machinery or
a failure or shortage of electric power or to meet the requirements of the business in the event
of a temporary shortage of work or some other emergency situation, Schneider Electric, with
the agreement of the majority of employees concerned, may nominate a day or days on which
accrued RDOs shall be taken off.
4.34 All accrued but untaken RDOs will be automatically paid out every six months during the
months of June and December in each calendar year. When RDOs are paid out, the ROO
payment will be calculated and paid on your Hourly Rate at the time of payment and/or
termination of employment.
4.35 Accrued but untaken RDOs cannot be carried over Into the following six monthly period.
5. Leave
5.1 All paid and unpaid leave will accrue and be taken in accordance with the Standards.
Annual Leave
5.2 Full Time employees will be entitled to twenty (20) days paid annual leave per annum.
Schneider Electric encourages you to take your accrued leave each year.
5.3 If you wish to take annual leave you must give Schneider Electric four (4) weeks' notice of
your intention to take leave, unless otherwise agreed by Schneider Electric, and the start and
finish dates of your intended leave.
5.4 Annual leave loading is incorporated into your Hourly Rate. No additional annual leave
loading shall be paid on your Hourly Rate.
5.5 Schneider Electric may require that you take a period of leave in accordance with the
Standards. If Schneider Electric requires you to take annual leave, we will provide you a
minimum of four (4) weeks' notice.
5.6 Schneider Electric may, from time to time, close down the Ben alia Site or part of it.
5. 7 During such closedown, employees must take annual leave, provided that Schneider Electric
gives no less than four (4) weeks' notice of the commencement .of the closedown.
5.8 An employee who does not have sufficient entitlement to annual leave may, upon mutual
agreement of both Schneider Electric and the employee, access any accrued but untaken
long seNice leave entitlements or RDOs. This will be considered and agreed on a case by
case basis.
5.9 An employee who does not have sufficient annual leave, long seNice leave and/or RDOs for
the period of the closedown, must take unpaid leave for the duration or balance of the
closedown. Unpaid leave granted for such a purpose will be considered authorised leave.
5.10 Schneider Electric may close down the Benalla Site or part(s) of the Benalla Site for up to four
separate periods per year. The quantum of multiple closedowns will not exceed 10 days per
year. These 10 days would be inclusive of the annual Christmas and New Year shutdown
period should such a shutdown occur.
5.11 Schneider Electric may direct an employee to take up to one quarter of his or her total annual
leave entitlement per year, provided that:
(a) Schneider Electric gives the employee no less than four (4) weeks notice of the time
when such leave is to be taken; and
(b) the employee has an annual leave entitlement owing to him or her that has accrued
over at least two (2) years (that is, eight (8) weeks' annual leave for Full Time
employees and a proportionate amount for Part Tim~ employees), at the time the
direction to use the leave is made.
5.12 On or after your employment anniversary day each year, or at any other time agreed, you
may elect to have accrued but untaken annual leave "paid out" as cash, In accordance with
the Standards provided that:
(a) paid annual leave will not be cashed out if it would result in your remaining annual
leave being less than four (4) weeks;
(b) each cashing out occasion must be by separate agreement between you and
Schneider Electric, and be In writing; and
(c) you are entitled to be paid the full amount you would have been paid had you taken
the leave.
5.13 The approval of cashing out annual leave is at the discretion of Schneider Electric, taking into
account the needs of the business and relevant occupational health and safety
considerations.
5.14 If you cash out annual leave, the leave "cashed out" will be calculated and paid on your
Hourly Rate at the time of the election.
Personal Leave
5.15 Full Time employees are entitled to ten (1 0) days of paid personal leave per annum, which
may be used as:
(b) paid carer's leave, Which you may take when you need to provide care or support to a
member of your immediate family or household, due to the personal illness or injury of
that person, or an unexpected emergency that affects that person.
5.16 You must notify Schneider Electric as soon as possible the specific grounds for the absence
and estimated duration of absence. You must also keep Schneider Electric informed of any
changes to this information. Schneider Electric may require you to provide a medical
certificate, a statutory declaration, or any other evidence reasonably required by Schneider
Electric to support the grounds for the length of your absence.
5.17 Long service leave will be accrued and taken In accordance with the relevant State, Territory
and/or other applicable legislation.
5.18 Subject to applicable long service leave legislation and the approval of Schneider Electric,
employees must take long service leave in one period, however, Schneider Electric and an
employee can agree that an employee can take long service leave in no less than 2 week
periods if both Schneider Electric and the employee mutually agree after taking Into
consideration the needs of the business and the requirement for continuity of operations.
5.19 If you are engaged in Victoria, you will be entitled to long service leave as set out In the Long
Service Leave Ac/1992 (the VIctorian Long Service Leave Act), which currently provides
two (2) months' long service leave after ten (10) years continuous service for Full Time
employees.
5.20 Under the Victorian Long Service Leave Act, employees are entitled to a pro rata payment in
lieu of long service leave on termination of employment after the completion of seven (7)
years continuous service.
5.21 The minimum level of unpaid parental leave shall be granted in accordance with the
Standards.
Compassionate Leave
5.22 The minimum level of paid compassionate leave shall be granted in accordance with the
Standards. In addition to the Standards, Schneider Electric will permit each employee to take
an additional two (2) days paid compassionate leave each calendar year, subject to the
provision of documentary evidence supporting the grounds for the absence, including a
medical certificate, a statutory declaration or any other evidence reasonably required by
Schneider Electric.
5.23 In circumstances where you are required to travel overseas to attend an immediate family
member's funeral, you may request an additional two (2) days paid compassionate leave,
which is subject to approval from your Supervisor and Human Resources.
Jury Service
5.24 If you are required to attend Court for jury service on a day that you are rostered to work, you
will be paid your Hourly Rate, including any applicable allowances that would have been
payable to you during the period of jury service, for the hours that you are unable to work.
Any monies paid by the Court to you must be reimbursed to Schneider Electric within thirty
(30) days.
5.25 It is important that you notify Schneider Electric as soon as possible of the date upon which
you are required to attend for jury service. If required, you must give your Supervisor proof of
your attendance, the duration of such attendance and the amount received in respect of such
jury service.
Public Holidays
5.26 You will be entitled, without loss of pay, to the public holidays gazetted in the State or
Territory in which you are engaged. If you are required to work on a Public Holiday, you will
be paid in accordance with clause 4- Your Working Hours.
5.27 Pro-rata paid leave will be available to Part Time employees in accordance with the
Standards.
5.28 · Wherever reasonably practicable, employees will receive at least eight (8) consecutive hours
off duty between the work of successive working days.
6. Allowances
6.1 The allowances set out in Schedule A -Rates of Pay, Allowances and Classifications will
compensate you for nominated additional requirements associated with your position (if
applicable) and will be pro-rated for Part Time employees.
6.2 Any payment for Additional Hours will not include Allowances.
6.3 The Allowances set out at Schedule A will be increased by 2.5% on the anniversary date of
the Agreement during the Term.
7.2 Where a choice has been provided it is expected that employees will choose the most
appropriate clothing for the job functions they regularly perform. If an employee has a
particular problem with wearing the designated clothing from the above list for their job
function they should discuss this with their Supervisor to seek alternative arrangements.
7.3 Employees may purchase additional items of company clothing from the above list at cost
price. All of the above clothing whether free issued or purchased from the company will be
replaced on a new for old basis as required.
7.4 Employees wishing to use alternative safety boots than those provided by the company are
entitled to do so providing that the proposed safety boots are steel capped and are certified to
be in accordance with the appropriate Australian Standard. In this instance the company, the
employee is required to pay the cost difference between the cost of the standard boots
normally supplied and the cost of the boots they prefer.
7.5 It is agreed that the clothing supplied by the company will be kept clean and in a state of good
repair. All maintenance and laundering of such clothing shall be the employees responsibility.
Company clothing must be returned to the company on cessation of employment.
7.6 Schneider Electric will provide safety glasses to all employees. An employee who is required
to wear prescription lenses during their normal day to day activities will have prescription
safety glasses provided to them at the cost of Schneider Electric.
8. Travel
8.1 Where you are directed by Schneider Electric to perform work away from the Benalla Site, all
travel time which forms part of the assignment will be paid In accordance with this clause to
the exclusion of any other provision in this Agreement.
8.2 Travel time will not be counted for the purposes of assessing Additional Hours under this
Agreement.
8.3 All travel time as approved by your Supervisor will be paid as follows:
(a) any hours regarded as travel time on a Monday to Friday in excess of 8 hours in any
day will paid at your Hourly Rate for all hours; and
(b) any hours regarded as travel time on a Saturday, Sunday or Public Holiday will be
paid at your Hourly Rate plus 50% for all hours.
9. Superannuation
9.1 Schneider Electric will make superannuation contributions consistent with the Commonwealth
Superannuation Guarantee (Administration) Act 1992, as amended from time to time.
9.2 By default, all payments will be made to a complying fund made available by Schneider
Electric. You have the choice not to become a member of the fund made available by
Schneider Electric and may elect an alternative superannuation fund to receive the
superannuation guarantee contributions made by Schneider Electric. If you elect an
alternative fund, you will be required to complete the Standard Choice Form and provide all
necessary and legal information, as determined by the Australian Taxation Office.
9.3 Schneider Electric's current default superannuation fund provides a MySuper product.
9.4 Under a retained benefit, if you were employed by Schneider Electric at the Benalla Site prior
to 31 December 2011, you will be entitled to receive the following enhanced benefits to
superannuation:
9% of Base Salary
10.2 The policies of Schneider Electric do not form part of this Agreement. Schneider Electric may
amend any policy at its absolute discretion from time to time.
10.3 Schneider Electric reserves the right to monitor all information technology system usage to
ensure compliance with the Schneider Electric Information Technology and
Telecommunications Policy.
11:1 The first six (6) months of your employment will be a probationary period. During this time,
either you or Schneider Electric may terminate the employment by providing one (1) week's
notice, or in the case of Schneider Electric, by providing you with one (1) week's payment in
lieu of notice.
11.3 After the completion of the probationary period, if you or Schneider Electric decide to
terminate your employment, the amount of notice required to be given by either party is as
follows:
Schneider Electric will provide an additional week of notice to any employee over forty-five years of
age with two (2) years or more continuous service.
11.4 Schneider Electric may make a payment in lieu of notice of the whole or part of the notice
period.
11.5 If you do not work out your notice period as directed, you will forfeit any salary or benefits for
the proportion of the notice period not worked. If Schneider Electric does not require you to
work out your notice period, Schneider Electric will provide you with payment in lieu of notice
calculated on your Hourly Rate.
11.6 Schneider Electric may terminate your employment without notice (or payments in lieu of
notice) for conduct justifying dismissal without notice including, but not limited to:
• misconduct or neglect,
• theft or fraud,
abandonment of employment,
• the consumption of, or possession of, or being under the influence of illegal drugs
while on duty,
• not carrying out your duties or acting outside of occupational health and safety
responsibilities and obligations.
Abandonment of employment
11.7 If you are absent from work for three (3) or more consecutive days, without notifying
Schneider Electric and without consent, Schneider Electric may consider that you have
abandoned your employment. In such a situation, Schneider Electric will attempt to contact
you in writing via registered post or courier, requesting an explanation for the absence and
directing you to return to work. You will have five (5) days from receipt of the letter to make
contact with Schneider Electric. If you are unable to be contacted and/or a reasonable cause
is not established and/or you do not return to work, you will be deemed to have abandoned
your employment.
11.8 When you are deemed to have abandoned your employment, termination of employment will
apply from the date of last attendance at work.
Stand Down
11.9 Schneider Electric may deduct payment for any day or part thereof you cannot be usefully
employed because of any strike or through any breakdown in machinery or any stoppage of
work by any cause for which Schneider Electric cannot reasonably be held responsible. You
may be stood down for the duration of the stoppage of work, including part of a shift. You
may be stood down before or after commencing worl<.
Annual leave;
Accrued time.
11.11 If paid leave is not available, the employee(s) will be stood down without pay.
Suspension
11.12 Employees may be suspended from work without loss of pay at any time if Schneider Electric
deems it necessary to investigate any incident or occurrence in the workplace, where that
incident has the potential to result in disciplinary action or dismissal of an employee or
employees.
13.2 In relation to severance pay, the term "weeks" means the ordinary time weekly rate of pay for
the employee concerned and excludes any:
overtime;
penalty rates;
disability allowances;
shift allowances;
special rates;
travelling allowances;
bonuses; and
13.3 Employees will also be entitled to notice of termination or payment in lieu in accordance with
the following schedule calculated in accordance with the Standards:
13.4 Under a retained benefit, if you were employed by Schneider Electric at the Benalla Site prior
to 31 December 2011, you will be entitled to the following enhanced redundancy benefit in
lieu of the payments set out in clause 13.1:
(b) an additional two (2) weeks for every year of service or part thereof.
If you are aged fifty (50) years or more you will be entitled to an additional one (1) month's
Base Salary. If you are aged fifty-five (55) years or more you will be entitled to an additional
two (2) month's Base Salary.
13.5 In relation to any payments under clause 13.4, the term "weeks" means the ordinary time
weekly rate of pay for the employee concerned and excludes any:
overtime;
penalty rates;
disability allowances;
shift allowances;
special rates;
travelling allowances;
bonuses; and
any other ancillary payments of a like nature.
Employees exempted
13,6 Subject to any entitlements that may be available to employees pursuant to the Standards,
redundancy/severance payments pursuant to this Agreement QQ..nQ! apply to:
(b) employees engaged for a specific period of time or for a specific task;
Transfer of Business
13.7 Transfer of business is as defined in Section 311 oftheAct.
13.8 In the event that Schneider Electric's business, or any part of it, is transferred to another
entity, you will not be eligible for redundancy benefits as a result of the termination of your
employment with Schneider Electric, if you are offered alternative ongoing employment with
the new employer.
13.9 You will be eligible for severance payments for redundancy where the transmittee does not
make an offer of alternative ongoing employment and Schneider Electric elects to terminate
the employment.
13.10 An offer of alternate ongoing employment must be on terms no less favourable than the terms
set out in this Agreement and the offer must recognise prior continuous service with
Schneider Electric as service with the new employer for all service related entitlements
pursuant to this Agreement.
13.11 An employee who terminates his or her employment prior to the completion of his or her
notice period in a redundancy situation without the consent of Schneider Electric may forgo
his or her entitlement to the enhanced severance payments as set out in clause 13.1 of this
Agreement. In such circumstances, employees will only receive redundancy/severance
benefits in accordance with the Standards.
Job Search
13.12 When an employee is given notice of his or her termination of employment by reason of
redundancy or retrenchment, the employee will be entitled to a maximum of one day, or
equivalent hours, without loss of pay, during each week of notice, for the purpose of seeking
alternative employment. In such circumstances, the employee may be required to produce
proof of participation in job seeking activities in order to receive payment for the absence.
13.13 This provision will not apply if Schneider Electric elects to make payment in lieu of notice.
Redeployment
13.14 Where a position is made redundant, the affected employee may be redeployed by Schneider
Electric if it is reasonable in the circumstances. This may include redeployment to an
associated entity of Schneider Electric within the Goulburn Valley or North East Regions.
Schneider Electric may identify an equivalent position within the same department, an
alternate department or an alternate site within the Goulburn Valley or North East Regions.
When identifying a suitable equivalent position, due consideration will be given to any
additional travel requirements that may be placed upon an employee when employment is
offered within the Goulburn Valley or North East Region at an alternate site or associated
entity. Should a reasonable position be offered to an employee, severance/redundancy will
not be payable.
13.15 In the event that you are redeployed and wish to raise a grievance with respect to the
reasonableness of the redeployment offer, you, as a party to the dispute, may follow the
Grievance Procedure process as set out at Schedule C- Grievance Procedure to this
Agreement.
13.16 Where an employee is transferred to lower paid duties by reason of redundancy, Schneider
Electric will make payment equal to the amount of the difference between the former hourly
rate and the new hourly rate for the appropriate period equivalent to the notice of termination
table in clause 13.3.
14.2 If you are engaged as a Fixed Term employee, the Company will advise you of this in writing
and will outline your start and finish dates of your fixed term. ·
15.2 Subject to the Standards, Casual Employees do not receive paid leave and receive a 25%
loading on the Hourly Rate.
15.3 Casual Employees will be rostered to work a minimum of four (4) hours on any d:;>y they are
engaged to work.
18. Definitions
Act means the Fair Work Act 2009 (Cth) as amended from time to time.
Additional Hours means hours worked Monday to Friday at the direction of your Supervisor
which exceed 8 in a single day or such other arrangements as set out in Schedule B-
Compensation for Additional Hours (alternate options). All arrangements for
compensation tor Additional Hours pursuant to clause 4.14 and/or Schedule B-
Compensation for Additional Hours (alternate options) must be agreed in advance of the
working of such Additional Hours.
Agreement means the Schneider Electric (Australia) Ply Limited Benalla Enterprise
Agreement 2018.
Base Salary means the minimum annual base rate of pay for a Full Time employee without
any loadings, penalty payments or allowances.
Benalla Site is the site operated by Schneider Electric located at 88 Sydney Road, Benalla,
Victoria, 3672.
Employee means a person who falls within the classifications of this Agreement.
Fixed Term means an employee that is engaged for a specific period of time or for a specific
task.
Full Time means you are engaged to work the following working hours:
Hourly Rate means the minimum full time weel<ly rate for your class~ication divided by 40,
without any loadings, penalty payments or allowances.
Ordinary Weekly Hours means hours worked between 5.00am and 7.00pm Monday to
Friday as directed by your SupeiVisor.
Part Time means a person engaged to work hours less than 40 each week on a regular
basis.
Public Holiday includes any public holiday gazetted in the State or Territory which you are
engaged.
Serious Misconduct has the meaning .set out in the Act and the Fair Work Regulations 2009
as amended from time to time.
Standards means the National Employment Standards as set out in the Act.
Schneider Electric means Schneider Electric (Australia) Pty Ltd (ACN 004 969 304).
Supervisor means a person designated as such and appointed to the position of Supervisor
by Schneider Electric who is primarily required to perform supervisory functions.
Schedule A
Rates of Pay, Allowances and Classifications
The minimum Hourly Rates applicable to Full Time and Part Time employees covered by this
Agreement are as follows:
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C13 $22.80per hour $23.37 per hour $23.95 per hour $24.55 per hour
C12 $24.21 per hour $24.82 per hour $25.44 per hour $26.07 per hour
C11 $25.40 per hour $26.03 per hour $26.69 per hour $27.35 per hour
C10 $27.43 per hour $28.11 per hour $28.82 hour $29.54 per hour
C9 $28.66 per hour $29.38 per hour $30.11 per hour $30.86 per hour
C8 $30.14 per hour $30.89 per hour $31.66 per hour $32.45 per hour
The minimum Hourly Rates applicable to Casual Employees covered by this Agreement (inclusive of
25% casual loading) are as follows:
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·oi... .rc·. :<..-
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C13 $28.50 per hour $29.21 per hour $29.94 per hour $30.69 per hour
C12 $30.27 per hour $31.02 per hour $31.80 per hour $32.60 per hour
C11 $31.75 per hour $32.55 per hour $33.36 per hour $34.20 per hour
~-..· - - - + - - - - - + - - - - - - - f - - - - - - 1 - - - - - - - i
C10 $34.30 per hour $35. 15 per hour $36.03 per hour $36.93 per hour
C9 $35.84 per hour $36.74 per hour $37.66 per hour $38.60 per hour
C8 $37.67 per hour $38.61 per hour $39.58 per hour $40.57 per hour
[1J: Schneider may, at Its discretion, pay In excess of the minimum salary (also described as an over base payment). In such
circumstances the employee's total weekly wage will be comprised of the minimum base wage as set out above plus the
over base payment. In such circumstances, the total ordinary wage Including the over base payment will be the basis for
calculation of any overtime, loadings and/or payments for periods of leave pursuant to this Agreement.
Allowances
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Supervisor- Acting 1 A Full Time employee appointed to act in the role of $52.42 per week or
Supervisor will receive the Supervisor- Acting $1D.48 per day
Allowance In addition to their minimum rate of pay for
their classification .. If the employee is already receiving
a Leading Hand Allowance, the Supervisor Acting
Allowance is paid in addition to that existing allowance.
Leading Hand- A Full Time employee appointed to act in the role of $78.64 per week or
Acting' Leading Hand- Acting will receive the Leading Hand- $15.73 per day
Acting Allowance in addition to their minimum rate of
pay for their classification.
Leading Hand A Full Time employee appointed to act In the role of $157.28 per week
Leading Hand will receive the Leading Hand Allowance
In addition to their minimum rate of pay for their
classification.
First Aid An employee who has been trained to provide first aid $15.91 perweek-on
and is the current holder of appropriate first aid approval of the
qualifications (that is, a certificate from a recognised Agreement by the FWC
training organisation including StJohn's Ambulance or
Red Cross) will be paid a weekly allowance, in addition $16.31 per week- on the
to their minimum rate of pay for their classification, if First Anniversary of the
appointed by Schneider Electric to perform first aid approval of the
duties in the workplace. Agreement by the FWC
Fire Warden An employee who has been trained to eel as a Fire $15.91 per week -on
Warden and Is the current holder of appropriate approval of the
qualifications will be paid a weekly allowance, in Agreement by the FWC
addition to their minimum rate of pay for their
classification, if appointed by Schneider Electric to $16.31 per week- on the
perform fire warden duties in the workplace. First Anniversary of the
approval of the
Agreement by the FWC
1
In circumstances where a full time employee is designated as an Acting Supervisor and has completed 26 continuous weeks
in the Acting Supervisor fole, any subsequent unbroken period of being designated as an Acting Supervisor will be paid an
allowance of$104.84 each week($20.97 pet' day).
2
In circumstances where a full time employee is designated as an Acting Leading Hand and has completed 26 continuous
weeks in the Acting Leading Hand role, any subsequent unbroken period of being designated as no Acting Leading Hand
will be paid the Leading Hand Allowance of$15? .28 per week ($31.46 per day).
... '
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Quality Inspector An employee who has been appointed by Schneider $78.64 per week
Electric to the role of Quality Inspector within the Quality
work area will receive the Quality Inspector Allowance
in addition to their minimum rate of pay for their
classification.
Galvanised Weld Bay An employee who is required to work in the Galvanised $104.85 per week or
Weld Bay and is not a C10 Classification or higher, will $20.97 per day
be paid the Galvanlsed Weld Bay allowance for periods
worldng in this area in addition to their minimum rate of
pay for their classification. This allowance may be paid
for those transferred to this role for short periods of time
also.
Test Bay- Competent An Employee who Is deemed competent in the Test $102.50 per week
Bay, having already undertaken Training but is not
completing Factory Acceptance Testing (FAT) will be
paid the Test Bay Allowance whilst working the Test
Bay in addition to their minimum rate of pay for their
classification.
Test Bay - Factory An Employee who is deemed competent in the Test $157.28 per week
Acceptance Tester Bay, having already undertaken Training and
completing Factory Acceptance Testing (FAT) will be
paid the Test Bay- Competent Allowance whilst working
the Test Bay in addition to their minimum rate of pay for
their classification.
Working Away From When an employee Is required to Work Away from their $272.62 per night
Home (WAFHA)- usual place of residence, (In a Metropolitan area) and
Metropolitan pay for their own accommodation, they will be paid the
WAFHA allowance per night In addition to their
minimum rate of pay for their classification.
Working Away From When an employee is required to Work Away from their $209.71 per night
Home oM a<"'~'- usual place of ,(in a Country area) and pay
Meals and Expenses - When an employee is required to Work Away from their $78.64 per night
Metropolitan usual place of residence, (In a Metropolitan area) and
Schneider Electric is paying for their accommodation,
they will be paid the WAFHA allowance per night in
addition to their minimum rate of pay for their
classification.
Meals and Expenses - When an employee is required to Work Away from their $78.64 per night
Country usual place of residence, (In a Country area) and
Schneider Electric Is paying for their accommo~ation,
they will be paid the WAFHA allowance per night in
addition to their minimum rate of pay for their
classification
Project Where an employee is asked to work for more than $78.64 per week
80% of their nonnal time on a dedicated project, they
will be paid the Project Allowance in addition to their
minimum rate of pay for their classification.
Training Where an employee is appointed as the designated $1.02 per normal hou1·
trainer of another they will receive the Training
Allowance In addition to their minimum rate of pay for
their classification. This allowance can be In place for a
minimum of a four (4) hour period and maximum of a
four (4) week period before It needs to be reviewed to
ascertain If It continues to be relevant. All employees
are eligible to receive this allowance. (Note. A trade
qualified employee is expected to train an apprentice as
part of their role and this training arrangement is not
applicable for the Training Allowance)
Assessor An Employee who has completed the required $41.00 per week
assessment modules in the Certificate 4 training and
assessment and Is appointed by Schneider Electric to
undertake additional duties in the Skills Training
Program will be paid the Assessor Allowance in addition
to their minimum rata of pay for their classification paid
on a weekly basis when assessments are undertaken,
Classifications (Definitions)
C13
C131s the entry level classification for un-skilled or non-trade qualified employees joining the
Ben alia site. Employees joining the Benalla site on this classification would automatically
move to the C12 classification after 6 months.
An employee at this level performs work to the level of their skills, competence and training:
(a) works in accordance with standard operating procedures and established criteria;
(c) understands and undertakes basic quality control/assurance procedures including the
ability to recognise basic quality deviations/faults;
(e) undertakes duties in a safe and responsible manner, follows safe work practices and
can report workplace hazards.
C12
C12 classification performs work above and beyond the skills of an employee at the C13 level
and to the level of their skills, competence and training:
(a) is responsible for the quality of their own work subject to routine supervision;
(e) undertakes duties In a safe and responsible manner, follows safe work practices and
can report workplace hazards.
G11
C11 classification performs work above and beyond the skills of an employee at the C 12 level
and to the level of their skills, competence and training:
(e) in a laboratory the employee performs basic/simple routine tests under close
supervision and communicates results of those tests to the appropriate personnel;
(f) undertakes duties in a safe and responsible manner, follows safe work practices and
can report workplace hazards as appropriate.
C10
C10 classification is able to perform work and exercise the skills and knowledge above and
beyond an employee at the C11 level and to the level of their skills, competence and training:
(c) exercises keyboard skills at a level higher than the C11 level;
(e) performs work under limited supervision either individually or in a team environment;
(h) performs work which while primarily involving the skills of the employee's trade is
incidental or peripheral to the primary task and facilitates the completion of the whole
task, provided that such incidental or peripheral work does not require additional
formal technical training;
(i) inspects products and/or materials for conformity with established operational
standards;
U) undertakes duties in a safe and responsible manner, follows safe work practices and
can report workplace hazards as appropriate.
C9
C9 classification works above and beyond a tradesperson at the C1 0 level and to the level of
their skills and competence and training performs work within the scope of this level:
(g) undertakes duties in a safe and responsible manner, follows safe work practices and
can report workplace hazards as appropriate.
For the Electrical trade, an employee at this level will hold an A Class Electricians license will
move to C9 upon Issue of this license.
For the Fabrication and Maintenance Filters trade, an employee will move to this level after 12
months of service on the C10 classification and demonstrated capability to maintain quality
within the work they under-take and assist apprentices.
ca
C8 classification works above and beyond a tradesperson at the C9 level and to the level of
their skills, competence and training performs work within the scope of this level:
(b) assists In the provision of training In conjunction with supervisors and trainers;
(g) undertakes duties in a safe and responsible manner, follows safe work practices and
can report workplace hazards as appropriate.
(c) For the Electrical Trade, successful completion of a HV Switching Course or related
tickeVcourse, or
(d) For the Fabrication Trade, successful completion of a Australian Standard (AS) 1796-
2001, Number 8 - Mig Welding - Pressure & Structure course (previously a DLI ticket)
or equivalent tickeVcourse, or
(e) For the Maintenance Fitter Trade, successful completion of the Maintain Hydraulic
Systems and Maintain Pneumatic Systems units or equivalent tickeVcourse.
Schedule B
Compensation for Voluntary Additional Hours (alternate options)
Background
Individual employees may be offered access to alternate models of compensation for Additional
Hours based upon either weekly or fortnightly models. Where the employee and Schneider Electric
agree to work additional hours in accordance with either the weekly or fortnightly model, the following
provisions shall apply. Any agreement under a Schedule B arrangement must be mutually agreeable
between both parties and Is on a voluntary basis.
Depending upon the practices at your site, Additional Hours may be calculated on a daily or weekly
basis or fortnightly basis as follows.
(i) Where overtime Is calculated on a daily basis, all hours in excess of 8 worked in a single day
(worked Monday to Friday) will be deemed Dally Additional Hours.
(ii) Where overtime is calculated on a weekly basis, all hours in excess of 40 worked in a week
(worked Monday to Friday) will be deemed Weekly Additional Hours.
(iii) Where overtime is calculated on a fortnightly basis, all hours in excess of 80 worked in a
fortnight (Monday to Friday) will be deemed Fortnightly Additional Hours.
Where you accrue Additional Hours, will receive payment in the following pay period on the following
basis:
Note:
1. Clause 4.21 work outside 5.00 am to 7.00 am Monday to Friday shall not apply where an
employee accrues Additional Hours on a weekly or fortnightly basis.
3. Meal allowance will not be payable when working overtime under a weekly or fortnightly
additional hours arrangement.
Schedule C
Grievance Procedure
(ii) applicable occupational health and safety legislation would not permit the work to be
performed; or
(iv) there are other reasonable grounds for the employee to refuse to comply with the
direction.
The parties to the dispute agree to be bound by a decision made by the Fair Work Commission In
accordance with this term.
ScheduleD
Flexibility Arrangements
1. An employer and employee covered by this Enterprise Agreement may agree to make an
individual flexibility arrangement to vary the effect of terms of the Agreement if:
(a) the Agreement deals with 1 or more of the following matters:
(i) arrangements about when work is performed;
(ii) overtime rates;
(iii) penalty rates;
(iv) allowances;
(v) leave loading; and
(b) the arrangement meets the genuine needs of the employer and employee in relation
to 1 or more of the matters mentioned in paragraph (a); and
(c) the arrangement is genuinely agreed to by the employer and employee.
2. The employer must ensure that the terms of the individual flexibility arrangement:
(a) are about permitted matters under section 172 of the Fair Work Act 2009; and
(b) are not unlawful terms under section 194 of the Fair Work Act 2009; and
(c) result in the employee being better off overall than the employee would be if no
arrangement was made.
3. The employer must ensure that the individual flexibility arrangement:
(a) is in writing; and
(b) includes the name of the employer and employee; and
(c) is signed by the employer and employee and if the employee is under 18 years of
age, signed by a parent or guardian of the employee; and
(d) includes details of:
(I) the terms of the Enterprise Agreement that will be varied by the arrangement;
and
(ii) how the arrangement will vary the effect of the terms; and
(Iii) how the employee will be better off overall in relation to the terms and
conditions of his or her employment as a result of the arrangement; and
(d) states the day on which the arrangement commences.
4. The employer must give the employee a copy of the individual flexibility arrangement within
14 days after it is agreed to.
5. The employer or employee may terminate the individual flexibility arrangement:
(a) by giving no more than 28 days written notice to the other party to the arrangement;
or
(b) if the employer and employee agree in writing- at any time.
Schedule E
Consultation Procedure
(a) has made a definite decision to introduce a major change to production, program,
organisation, structure or technology in relation to its enterprise that is likely to have a
significant effect on the employees; or
(b) proposes to introduce a change to the regular roster or ordinary hours of work of
employees.
Major change
(a) the employer must notify the relevant employees of the decision to introduce the
major change; and
3. The relevant employees may appoint a representative for the purposes of the procedures in
this term.
4. If:
(a) a relevant employee appoints, or relevant employees appoint. a representative for the
purposes of consultation; and
(b) the employee or employees advise the employer of the identity of the representative,
(ii) the effect the change is lil1ely to have on the employees; and
(iii) measures the employer is taking to avert or mitigate the adverse effect of the
change on the employees; and
(b) for the purposes of the discussion-provide, in writing, to the relevant employees:
(i) all relevant information about the change including the nature of the change
proposed; and
(ii) information about the expected effects of the change on the employees; and
7. The employer must give prompt and genuine consideration to matters raised about the major
change by the relevant employees.
8. If a term In this agreement provides for a major change to production, program, organisation,
structure or technology In relation to the enterprise of the employer, the requirements set out
in paragraph (2)(a) and subclauses (3) and (5) are taken not to apply,
9. In this term, a major change is likely to have a significant effect on employees if it results in:
{b) major change to the composition, operation or size of the employer's workforce or to
the skills required of employees; or
(c) the elimination or diminution of job opportunities (including opportunities for promotion
or tenure); or
(a) the employer must notify the relevant employees of the proposed change; and
11, The relevant employees may appoint a representative for the purposes of the procedures in
this term.
12. If:
(a) a relevant employee appoints, or relevant employees appoint, a representative for the
purposes of consultation; and
(b) the employee or employees advise the employer of the identity of the representative,
13. As soon as practicable after proposing to introduce the change, the employer must:
(a) discuss with the relevant employees the introduction of the change; and
(i) all relevant information about the change, including the nature of the change;
and
(ii) information about what the employer reasonably believes will be the effects of
the change on the employees; and
(iii) information about any other matters that the employer reasonably believes
are likely to affect the employees; and
(c) invite the relevant employees to give their views about the Impact of the change
(Including any impact in relation to their family or caring responsibilities),
14. However, the employer is not required to disclose confidential or commercially sensitive
information to the relevant employees.
15. The employer must give prompt and genuine consideration to matters raised about the
change by the relevant employees,
relevant employees means the employees who may be affected by a change referred to in
subclause (1).
Execution
Signed for and on behalf of Signed by
Schneider Electric (Australia) Pty Limited Employee Representative
by Its d~ly authorised representative
Applicant
Schneider Electric (Australia) Pty Limited
1. For the purpose of the additional week's annual leave available to employees pursuant to
section 87(1 )(b) of the Fair Work Act, notwithstanding the terms of this Enterprise Agreement
a shift worker "is a 7 day shift worker who is regularly rostered to perform work on Sundays
and public holidays."
2. Notwithstanding the provisions of clause 9.4 (Superannuation) all employees will be entitled
to the minimum percentage of superannuation guarantee contribution as prescribed by the
Superannuation Guarantee Administration Act.
3. A part time employee must be engaged and paid for a minimum of four consecutive hours
per day or shift. In order to meet the employee's personal circumstances, a part time
employee may request and Schneider Electric may agree to an engagement of no less than
3 consecutive hours per day or shift.
4. Where a part time employee is required by Schneider Electric to work in excess of their
agreed weekly part time hours such hours worked at the direction of Schneider Electric will
be paid as overtime hours in accordance with this Agreement.
Authority to sign: I have the authority given to me by Schneider Electric to provide this
undertaking in relation to this application before the Fair Work Commission.
Signature:
4418402-v1 \S YDDMS