Saint-Gobain Abrasives Pty Ltd T/A Saint-Gobain

[2021] FWCA 7003

[2021] FWCA 7003

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Saint-Gobain Abrasives Pty Ltd T/A Saint-Gobain
(AG2021/8629)

SAINT-GOBAIN ABRASIVES - CAMPBELLFIELD MANUFACTURING ENTERPRISE AGREEMENT 2020 - 2023

Manufacturing and associated industries
COMMISSIONER O'NEILL	MELBOURNE, 9 DECEMBER 2021

Application for approval of the Saint-Gobain Abrasives - Campbellfield Manufacturing Enterprise Agreement 2020 - 2023

[1] Saint-Gobain Abrasives Pty Ltd has applied for approval of an enterprise agreement known as the Saint-Gobain Abrasives - Campbellfield Manufacturing Enterprise Agreement 2020 - 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

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

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the United Workers’ Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[4] I observe that clause 42.4.1 is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 10.1 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 December 2021. The nominal expiry date of the Agreement is 24 November 2023.

COMMISSIONER

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