Saint-Gobain Abrasives Pty Ltd

[2022] FWCA 3051

[2022] FWCA 3051

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Saint-Gobain Abrasives Pty Ltd

(AG2022/3578)

Saint-Gobain Abrasives – Electricians Enterprise Agreement 2021 - 2024

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 6 SEPTEMBER 2022

Application for approval of the Saint-Gobain Abrasives – Electricians Enterprise Agreement 2021-2024

1. An application has been made for approval of an enterprise agreement known as the Saint-Gobain Abrasives – Electricians Enterprise Agreement 2021-2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Saint-Gobain Abrasives Pty Ltd. The Agreement is a single enterprise agreement.

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. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in Section 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

1. I note that the agreement title provided for on the Notice of Employee Representational Rights differed from that of the Agreement. Pursuant to s188(2), I am satisfied that the Agreement would have been genuinely agreed to but for the minor procedural error made. I am satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

1. The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, 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 organisation.

1. The Agreement was approved on 6 September 2022 and, in accordance with s.54, will operate from 13 September 2022. The nominal expiry date of the Agreement is 24 November 2024.

COMMISSIONER

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