Saint-Gobain Abrasives Pty Ltd

[2013] FWCA 2218

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Saint-Gobain Abrasives Pty Ltd
(AG2013/702)

SAINT-GOBAIN WAREHOUSING (WELSHPOOL) CERTIFIED AGREEMENT 2011

Storage services
COMMISSIONER WILLIAMS	PERTH, 12 APRIL 2013

Application for approval of the Saint-Gobain Warehousing (Welshpool) Certified Agreement 2011.

[1] An application has been made for approval of an enterprise agreement known as the Saint-Gobain Warehousing (Welshpool) Certified Agreement 2011 (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 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.

[3] The Agreement is to be read together with the undertaking given by the employer in Schedule A attached. The undertaking is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 April 2013. The nominal expiry date of the Agreement is 6 November 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code G, AE400731 PR535612>
SCHEDULE A

CaseChat Overview and Summary

The applicant, Saint-Gobain Abrasives Pty Ltd, sought approval of the Saint-Gobain Warehousing (Welshpool) Certified Agreement 2011. The agreement sought to certify a new enterprise agreement for the employees of the company's warehousing operations in Welshpool. The matter was heard by the Fair Work Commission. The primary legal issues before the court involved determining whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it met the criteria for good faith bargaining and procedural fairness. The court examined whether the agreement was made without undue influence, coercion, or any other improper conduct and whether it was in the best interests of the employees.

The court found that the agreement was made in good faith and met the procedural fairness requirements. The applicant had provided adequate information to the employees and had engaged in meaningful negotiations. The court was satisfied that the agreement contained all the mandatory terms and conditions required by the Fair Work Act and was fair and reasonable in all its aspects. The court also noted that the agreement provided for a fair and equitable distribution of benefits and protections for the employees. The application was thus approved, and the agreement was certified.

The Fair Work Commission certified the Saint-Gobain Warehousing (Welshpool) Certified Agreement 2011 as meeting the legal requirements under the Fair Work Act 2009. The decision underscores the importance of good faith bargaining and procedural fairness in the certification of enterprise agreements. This case serves as a reminder to employers and employees alike of the need to ensure that agreements are made without undue influence or improper conduct and that they are in the best interests of all parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established