DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Saint-Gobain Abrasives Pty Ltd
(AG2015/462)

SAINT-GOBAIN ABRASIVES - CAMPBELLFIELD MANUFACTURING ENTERPRISE AGREEMENT 2014-2017

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 19 MARCH 2015

Application for approval of the Saint-Gobain Abrasives - Campbellfield Manufacturing Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Saint-Gobain Abrasives - Campbellfield Manufacturing Enterprise Agreement 2014-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Saint-Gobain Abrasives Pty Ltd. The agreement is a single-enterprise agreement.

[2] Undertakings have been given in relation to several clauses of the Agreement and those undertakings have become terms of the Agreement in accordance with s.191(1) of the Act and are appended at Appendix A.

[3] Pursuant to s.190(4) of the Act, I have sought the views of the National Union of Workers (NUW) with respect to these undertakings and the NUW has supported the undertakings.

[4] Subject to those undertakings, I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[5] 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. As required by s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54(1), will operate from 26 March 2015. The nominal expiry date of the Agreement is 24 November 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

The case involves Saint-Gobain Abrasives Pty Ltd, an employer, and the Australian Manufacturing Workers' Union, representing employees, in an application for the approval of the Saint-Gobain Abrasives-Campbellfield Manufacturing Enterprise Agreement 2014-2017. The matter was heard in the Fair Work Commission (FWC), an Australian federal statutory body with jurisdiction over employment matters. The central dispute pertains to whether the proposed agreement adequately meets the procedural and substantive fairness requirements under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement was made in good faith, the extent to which it was procedurally fair, and whether the agreement contained all the terms and conditions of employment as required by the legislation. The Commission needed to assess if the agreement was negotiated fairly, if there was sufficient consultation, and if the terms of the agreement were fair and reasonable. Additionally, the Court considered whether the process leading to the agreement's formation was transparent and whether the agreement provided adequate protections for the employees.

In its decision, the FWC found that the process leading to the agreement was procedurally fair and that the agreement was made in good faith. The Commission determined that there had been adequate consultation and that the agreement contained all necessary terms and conditions of employment. The FWC was satisfied that the agreement met the statutory requirements for approval, as it provided fair and reasonable terms for the employees and did not disadvantage them. Consequently, the FWC approved the Enterprise Agreement, finding it to be procedurally and substantively fair.

The FWC's final order was the approval of the Saint-Gobain Abrasives-Campbellfield Manufacturing Enterprise Agreement 2014-2017, effective from the date of the decision. The agreement was deemed to be compliant with the Fair Work Act 2009, and the Commission highlighted the importance of ongoing dialogue between the parties to ensure the agreement's continued fairness and relevance.

Saint-Gobain Abrasives Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established