Saint-Gobain Abrasives Pty Ltd

[2019] FWCA 1669

[2019] FWCA 1669

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Saint-Gobain Abrasives Pty Ltd
(AG2018/6083)

SAINT-GOBAIN ABRASIVES - CAMPBELLFIELD MANUFACTURING ENTERPRISE AGREEMENT 2017-2020

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 14 MARCH 2019

Application for approval of the Saint-Gobain Abrasives - Campbellfield Manufacturing Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the Saint-Gobain Abrasives - Campbellfield Manufacturing Enterprise Agreement 2017-2020 (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.

[2] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 40; and

•  Clause 26.1.3.

[3] However, noting clause 10 of the Agreement, I am satisfied that the beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[5] Subject to the undertakings referred to above, 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 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.

[6] The National Union of Workers 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.

[7] The Agreement was approved on 14 March 2019. Clause 5.1 of the Agreement purports to set the operative date as 24 November 2017. This is inconsistent with s.54 of the Act. In accordance with s.54, the Agreement will operate from 21 March 2019. The nominal expiry date of the Agreement is 24 November 2020.

COMMISSIONER

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Annexure A