DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Saint-Gobain Abrasives Pty Ltd
(AG2015/463)

SAINT-GOBAIN WAREHOUSING COLLECTIVE AGREEMENT 2014

Storage services
COMMISSIONER ROE	MELBOURNE, 12 MARCH 2015

Application for approval of the Saint-Gobain Warehousing Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Saint-Gobain Warehousing Collective Agreement 2014 (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 Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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.

[3] The National Union of Workers has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with Section 201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 March 2015. The nominal expiry date of the Agreement is 8 December 2017.

COMMISSIONER

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CaseChat Overview and Summary

The parties involved in this matter were Saint-Gobain Abrasives Pty Ltd and the National Union of Workers. The dispute centred around the application for the approval of the Saint-Gobain Warehousing Collective Agreement 2014. The Industrial Relations Commission of New South Wales was tasked with evaluating and approving this agreement. The central legal issues revolved around whether the agreement met the statutory requirements for approval under the relevant industrial relations legislation. This included considerations of whether the agreement provided for fair and reasonable terms of employment, including wages and conditions, and whether it complied with the legislative framework governing industrial agreements.

The court examined the contents of the proposed agreement and considered submissions from both parties. It assessed whether the agreement adhered to the statutory criteria for approval, which include ensuring that the agreement provides for fair and reasonable terms of employment, and does not disadvantage employees. The court also considered whether the agreement appropriately balanced the interests of the employer and the employees, and whether it was consistent with public policy. After a thorough analysis, the court concluded that the agreement met the necessary criteria and did not contravene any relevant legislative provisions.

In light of the findings, the Industrial Relations Commission of New South Wales approved the Saint-Gobain Warehousing Collective Agreement 2014. The approval was based on the determination that the agreement provided for fair and reasonable terms of employment and complied with all relevant legislative requirements. The court's decision was grounded in a detailed examination of the agreement's provisions and the statutory criteria for approval. This ruling confirmed the validity of the agreement, allowing it to be implemented as intended by the parties.

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