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

[2019] FWCA 883

[2019] FWCA 883

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Saint-Gobain Abrasives Pty Ltd T/A Saint-Gobain Abrasives Pty Ltd
(AG2018/6362)

SAINT-GOBAIN WAREHOUSING COLLECTIVE AGREEMENT 2018-2021

Storage services
COMMISSIONER LEE	MELBOURNE, 12 FEBRUARY 2019

Application for approval of the Saint-Gobain Warehousing Collective Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the Saint-Gobain Warehousing Collective Agreement 2018-2021 (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.

[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 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. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 40 - Personal/Carer’s Leave

•  Clause 22 - Abandonment of Employment

•  Clause 26.1.3 - Termination of Employment

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 19 February 2019. The nominal expiry date of the Agreement is 1 July 2021.

COMMISSIONER

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