Official homepage:

www.manbw.com

Branch:

Diesel engine manufacturer

Status:

Established

Announced intention on1:

21-02-2006

Official process initiated on2:

01-12-2005

Registered on/in:

28-08-2006, Augsburg (Germany)

Seat before SE:

Augsburg (Germany)

Seat of SE:

Augsburg (Germany)

Form of establishment:

Conversion

Companies concerned:

MAN B&W Diesel AG

Corporate governance structure before SE:

Two-tier3

Corporate governance structure of SE:

Two-tier3

Total number of employees worldwide:

6,700

Countries of operation:

Australia, Czech Republic, Denmark, France, Germany, Singapore. UK

Countries concerned:

Czech Republic, Denmark, France, Germany, Greece, Netherlands, Norway, Spain, Sweden, UK

National trade unions involved:

IG Metall, CO industri, FGMM-CFDT, FTM-CGT, others

European trade union federations involved:

EMF

EWC formerly existed:

Yes

Establishment of SNB:

Formed; negotiations start in calendar week 12

Board-level employee representation before SE foundation:

Yes (half the seats on the supervisory boards)

Distribution of SNB seats:

Germany: 5 seats, Denmark: 4 seats, France: 2 seats, all other countries (Czech Republic, Greece, Netherlands, Norway, Spain, Sweden, UK): one seat each

Content of agreement:

• Signed on 27-04-2006

Information and consultation:

• SE Works Council: 9 members (4 Germany, 2 Denmark, 1 each Czech Republic and France, 1 represents the countries where the group only has service centres)

• Term of office: 4 years

• One meeting per year; if necessary extraordinary meetings can be called

Participation:

• 50% of the members of the supervisory board are employee representatives, i.e. 5 out of 10

• 3 seats will be allotted to German and 2 to Danish representatives

• One of these seats each will be given to trade union representatives

• If the number of employees decreases to less than 2,000, then in accordance with German law one-third of the members of the supervisory board are employee representatives

Re-negotiations:

• When relevant legislation changes

• When structural changes affect at least 20% of the employees of the group and these changes might reduce the involvement rights of employees

Expiry date:

• The agreement can be terminated in writing by any party by 8 months before the calendar year ends.

• Earliest in 2016

Motives:

• “We will think and act on an even more international scale, which is absolutely essential in the face of global competition.”

• More effective integration of the international business in the Diesel Engine Division

Comments:

Last update:

07-01-2007

References:

• Company homepage

• MAN B&W Diesel (2006) MAN Diesel becomes a European Company. Press release from 31-08-2006. Available from: http://www.manbw.de/files/news/filesof6023/060831_E-Fachpressemitteilung%20SE.pdf [Accessed 20-09-2006]

• MAN B&W Diesel (2006) Course set to become European Company – Co-determination agreement for the future MAN Diesel SE. Press release from 28-04-2006. Available from: http://www.manbw.com/files/news/filesof5602/060428_man_co-determinationSE_engl.pdf [Accessed 17-05-2006]

• MAN B&W Diesel (2006) MAN Diesel SE – new European Company. Press release from 21-02-2006. Available from: www.manbw.com/files/news/filesof5432/060221_MAN-SE_engl.pdf [Accessed 27-02-2006]

• Supplement of the Official Journal: 2006/S 225-240618