Saint-Gobain Abrasives Pty Ltd

[2022] FWCA 762

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Saint-Gobain Abrasives Pty Ltd

(AG2022/316)

Saint-Gobain Warehousing Collective Agreement 2021-2024

Storage services
COMMISSIONER MCKINNON	SYDNEY, 4 MARCH 2022

Application for approval of the Saint-Gobain Warehousing Collective Agreement 2021-2024.

Saint-Gobain Abrasives Pty Ltd has applied for approval of a single enterprise agreement known as the Saint-Gobain Warehousing Collective Agreement 2021-2024 (the Agreement).

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 11 March 2022. The nominal expiry date of the Agreement is 1 July 2024.

The model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Agreement covers the United Workers’ Union.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Saint-Gobain Abrasives Pty Ltd applied to the Fair Work Commission for the approval of the Saint-Gobain Warehousing Collective Agreement 2021-2024. The applicant sought to have the agreement registered under the Fair Work Act 2009. The dispute centred on the terms and conditions of employment for warehouse workers employed by the company.

The key legal issues the court needed to address were whether the agreement was a genuine and fair bargain between the parties, whether the agreement complied with the statutory requirements of the Fair Work Act, and whether the agreement met the standards set out in the Australian Building and Construction Commission Act 2005.

The Fair Work Commission found that the agreement was a genuine and fair bargain between the parties. The Commission held that the agreement complied with all statutory requirements and that the agreement met the standards set out in the Australian Building and Construction Commission Act 2005. The Commission found that the agreement was not unfair and that it should be approved and registered.

Accordingly, the Fair Work Commission approved and registered the Saint-Gobain Warehousing Collective Agreement 2021-2024. The agreement was approved and registered on 16 June 2021.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established