Saint-Gobain Abrasives Pty Ltd

[2024] FWCA 4552

[2024] FWCA 4552

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Saint-Gobain Abrasives Pty Ltd

(AG2024/4706)

SAINT-GOBAIN WAREHOUSING COLLECTIVE AGREEMENT 2024 - 2027

Storage services
COMMISSIONER ALLISON	MELBOURNE, 19 DECEMBER 2024

Application for approval of the Saint-Gobain Warehousing Collective Agreement 2024 - 2027

1. Saint-Gobain Abrasives Pty Ltd (the Employer) has made an application, pursuant to s.185 of the Fair Work Act 2009 (the Act), for approval of a single enterprise agreement known as the Saint-Gobain Warehousing Collective Agreement 2024 - 2027 (the Agreement).

1. The United Workers’ Union, being a bargaining representative for the Agreement, 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 United Workers’ Union.

1. The agreement title on the Notice of Employee Representational Rights (NERR) that was issued to the employees was the “Saint-Gobain Warehousing Collective Agreement 2021” which does not match the title of the Agreement to be approved. I am satisfied that this was a minor procedural or technical error and that the employees were not likely to have been disadvantaged by it. Accordingly, I exercise the discretion conferred by s.188(5) of the Act to disregard this error.

1. The following provisions may be inconsistent with the National Employment Standards (NES):

• Clauses 42 and 43, relating to compassionate leave, do not provide an entitlement to compassionate leave in circumstances where a child is stillborn or there is a miscarriage, inconsistent with ss.104 and 105 of the Act.

• Clause 26.2.2 allows the employer to withhold pay entitlements of an employee on termination in certain circumstances which are not provided for in the NES.

1. However, noting clause 10.1 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.

1. I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 December 2024. The nominal expiry date of the Agreement is 1 July 2027.

COMMISSIONER

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