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

[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Saint-Gobain Abrasives Pty Ltd, trading as Saint-Gobain, for the approval of the Saint-Gobain Abrasives - Campbellfield Manufacturing Enterprise Agreement 2020 - 2023. The dispute centred around the terms of the proposed agreement, which was intended to regulate the employment conditions of certain employees at the Campbellfield manufacturing site. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The central legal issues that the Commission had to address included whether the agreement was made in good faith, whether it contained the minimum terms and conditions required by the Fair Work Act, and whether it complied with the procedural requirements for enterprise agreements. Additionally, the Commission examined whether the agreement unfairly disadvantaged any employees and if it provided adequate protections and benefits.

In its reasoning, the Commission noted that the application for approval was made in accordance with the statutory requirements. It found that the agreement was made in good faith, as evidenced by the bargaining process and the inclusion of essential minimum terms and conditions. The Commission also determined that the agreement did not unfairly disadvantage any employees and that it provided for adequate protections and benefits, including provisions for minimum wages, leave entitlements, and dispute resolution mechanisms. After considering all the factors, the Commission approved the agreement, finding that it met the necessary criteria for approval.

Consequently, the Fair Work Commission granted approval for the Saint-Gobain Abrasives - Campbellfield Manufacturing Enterprise Agreement 2020 - 2023, effective from the date of the decision. The agreement now governs the employment conditions of the employees at the Campbellfield manufacturing site for the specified period.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established