Saint-Gobain Abrasives Pty Ltd Summary

[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

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).

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.

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.

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.

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.

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.

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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CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Saint-Gobain Abrasives Pty Ltd, sought approval of a collective agreement with its employees. The applicant, a company involved in manufacturing and distribution of abrasives, had entered into an agreement with its employees, represented by the Australian Manufacturing Workers' Union. The dispute centred around the terms and conditions of employment, including wages, working hours, and other workplace arrangements.

The primary legal issues before the Commission were whether the agreement provided for a fair and reasonable outcome for both parties and whether it complied with the relevant provisions of the Fair Work Act 2009. The Commission had to consider if the agreement met the "better off overall test", ensuring that the employees would be no worse off and at least some better off financially and in terms of conditions of employment. Additionally, the Commission examined if the agreement adequately protected employees' rights and interests and if it aligned with the principles of good faith bargaining.

The Commission found that the agreement was fair and reasonable, satisfying the better off overall test. The agreement provided for wage increases, improvements in working conditions, and adequate protections for the employees. The Commission also concluded that the agreement was made in good faith and complied with the requirements of the Fair Work Act. The applicant had demonstrated a willingness to negotiate and consider the employees' interests, resulting in a balanced agreement that addressed the needs of both parties. The Commission approved the agreement, ensuring that it would provide a fair and reasonable outcome for the employees and comply with the relevant legislative requirements.

Saint-Gobain Abrasives Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established