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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CaseChat Overview and Summary

Saint-Gobain Abrasives Pty Ltd, trading as Saint-Gobain Abrasives Pty Ltd, sought approval of the Saint-Gobain Warehousing Collective Agreement 2018-2021. The application was made to the Fair Work Commission under section 233 of the Fair Work Act 2009. The dispute arose from negotiations between the company and the Australian Manufacturing Workers’ Union regarding the terms and conditions of employment for warehouse workers.

The primary legal issues before the Commission were whether the agreement was in the public interest and whether it was appropriate to make the agreement. The Commission examined the terms of the agreement, the process by which it was negotiated, and the effect of the agreement on the employees and the employer. The Commission also considered whether the agreement met the criteria set out in the Fair Work Act for approval of a collective agreement.

The Fair Work Commission found that the agreement was in the public interest and was appropriate to make. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, and that it had been negotiated in good faith. The Commission also found that the agreement would promote harmonious, productive and cooperative workplace relations, and would provide for efficient and productive workplaces. The Commission approved the agreement, and it will now apply to the employees covered by the agreement from 1 July 2018 to 30 June 2021.

The Fair Work Commission approved the Saint-Gobain Warehousing Collective Agreement 2018-2021 and made an order under section 233 of the Fair Work Act that the agreement be approved. The order is effective from 1 July 2018 and will remain in force until 30 June 2021.

Saint-Gobain Abrasives Pty Ltd T/A 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