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

[2024] FWCA 2648

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2024/2447)

SAINT-GOBAIN ABRASIVES – CAMPBELLFIELD MANUFACTURING ENTERPRISE AGREEMENT 2023 - 2026

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 17 JULY 2024

Application for approval of the Saint-Gobain Abrasives - Campbellfield Manufacturing Enterprise Agreement 2023 - 2026

An application has been made for approval of an enterprise agreement known as the Saint-Gobain Abrasives - Campbellfield Manufacturing Enterprise Agreement 2023 - 2026 (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 T/A Saint-Gobain Abrasives Pty Ltd. The Agreement is a single enterprise agreement.

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. The undertakings are taken to be a term of the agreement.

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 United Workers’ Union and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 July 2024. The nominal expiry date of the Agreement is 24 November 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves an application by Saint-Gobain Abrasives Pty Ltd for approval of their Enterprise Agreement with the Campbellfield Manufacturing employees for the period 2023 to 2026. The matter was heard by the Fair Work Commission (FWC). The dispute centred on whether the proposed agreement met the legal standards and requirements for approval under the Fair Work Act 2009.

The court was tasked with examining whether the agreement complied with the formal requirements for approval, such as ensuring that the agreement was in writing and that it had been made by a bargaining representative of the employees. Additionally, the court needed to assess if the agreement contained the prescribed minimum terms and conditions, including those relating to wages, hours of work, and other employment conditions. The court also had to ensure that the agreement had been made in good faith and without any coercion.

In reaching its decision, the FWC considered the submissions and evidence presented by the parties. The Commission found that the agreement complied with the formal requirements and contained the necessary minimum terms and conditions. The FWC also determined that the agreement was made in good faith and without any undue influence. Therefore, the FWC approved the agreement, noting that it provided for fair and reasonable terms for the employees.

The final order of the FWC was to approve the Saint-Gobain Abrasives - Campbellfield Manufacturing Enterprise Agreement 2023 - 2026, with the approval to take effect from the date of the decision. This decision ensures that the terms of the agreement are legally binding on both the employer and the employees for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established