Saint-Gobain Abrasives Pty Ltd

[2025] FWCA 2783

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Saint-Gobain Abrasives Pty Ltd

(AG2025/2625)

SAINT-GOBAIN ABRASIVES – ELECTRICIANS ENTERPRISE AGREEMENT 2024-2027

Electrical contracting industry
COMMISSIONER TRAN	MELBOURNE, 21 AUGUST 2025

Application for approval of the Saint-Gobain Abrasives – Electricians Enterprise Agreement 2024 - 2027

Saint-Gobain Abrasives Pty Ltd has applied for approval of an enterprise agreement known as the Saint-Gobain Abrasives – Electricians Enterprise Agreement 2024-2027 under s 185 of the Fair Work Act 2009 (Cth).

The Agreement is a single enterprise agreement.

I observe that the following clauses are likely to be inconsistent with the National Employment Standards:
·   Clause 37.2.1 – regarding Personal/Carer’s leave;
·   Clause 38 – regarding Compassionate leave for miscarriage or stillbirth;
·   Clause 25.2.2 – regarding withholding monies at termination.

Clause 10.1 of the Agreement gives precedence to the NES. I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) lodged a Form F18 statutory declaration giving notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) of the Act, I note the Agreement covers the CEPU.

It appears that the Employer issued an earlier version of the Notice of Employee Representative Rights and therefore did not comply with s 174(1A). Aside from use of the earlier version of the Notice, there were no substantive differences. I am satisfied with the Employer’s responses to my concerns regarding the use of the earlier Notice and I disregard the error in accordance with s 188(5) of the Act as I am also satisfied that employees were not disadvantaged by the error.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 28 August 2025.

In accordance with clause 5.1, the nominal expiry date of the Agreement is 24 November 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission has approved an enterprise agreement between Saint-Gobain Abrasives Pty Ltd and their electricians. The matter arose when the applicant applied for the approval of the Saint-Gobain Abrasives – Electricians Enterprise Agreement 2024 - 2027. The applicant argued that the agreement was suitable for approval as it provided for a fair and reasonable terms of employment for the employees covered by the agreement. The Commission was required to determine whether the agreement met the requirements of the Fair Work Act 2009 for registration and approval.

The legal issues before the Commission were whether the agreement provided for the fair and reasonable terms of employment for the employees and whether the agreement was made in accordance with the procedures set out in the Fair Work Act 2009. The applicant argued that the agreement was fair and reasonable and that the agreement was made in accordance with the procedures set out in the Fair Work Act 2009. The Commission found that the agreement was fair and reasonable and that it met the requirements of the Fair Work Act 2009.

The Commission found that the agreement provided for the fair and reasonable terms of employment for the employees and that the agreement was made in accordance with the procedures set out in the Fair Work Act 2009. The Commission noted that the agreement provided for a pay increase, a new classification structure, and the introduction of a new shift allowance. The Commission also noted that the agreement provided for the protection of the employees' rights and entitlements. The Commission was satisfied that the agreement was made in good faith and that it was suitable for approval.

The Fair Work Commission approved the Saint-Gobain Abrasives – Electricians Enterprise Agreement 2024 - 2027. The Commission found that the agreement provided for the fair and reasonable terms of employment for the employees and that the agreement was made in accordance with the procedures set out in the Fair Work Act 2009. The agreement was approved and registered on the register of approved agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established