DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Saint-Gobain Ceramic Materials Pty Ltd
(AG2015/4972)

SAINT-GOBAIN CERAMIC MATERIALS PTY LTD COLLECTIVE AGREEMENT 2014 - 2017

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 28 SEPTEMBER 2015

Application for approval of the Saint-Gobain Ceramic Materials Pty Ltd Collective Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Saint-Gobain Ceramic Materials Pty Ltd Collective Agreement 2014 - 2017 (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 Ceramic Materials Pty Ltd. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] The Australian Workers’ Union 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 28 September 2015 and, in accordance with s.54, will operate from 5 October 2015. The nominal expiry date of the Agreement is 20 December 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application by Saint-Gobain Ceramic Materials Pty Ltd for the approval of a collective agreement, specifically the Saint-Gobain Ceramic Materials Pty Ltd Collective Agreement 2014 - 2017. The dispute centred on the fairness and compliance of the agreement with the relevant industrial relations legislation. The case was heard by the Fair Work Commission, which is responsible for overseeing such agreements under Australian labour law.

The primary legal issues that the court needed to address were whether the collective agreement was fairly negotiated and if it complied with all relevant provisions of the Fair Work Act 2009. The court had to consider the process by which the agreement was negotiated, whether it met the standards for good faith bargaining, and if it contained terms that were fair and reasonable. Additionally, the court examined whether the agreement adequately protected employees' rights and interests and if it adhered to the statutory requirements for approval.

In its reasoning, the court examined the evidence presented regarding the negotiation process and found it to be conducted in good faith. The court determined that the terms of the agreement were fair and reasonable, taking into account the economic and commercial factors involved. The court was satisfied that the agreement provided adequate protection for employees' rights and interests and that it complied with all statutory requirements. Based on these findings, the court approved the collective agreement.

The final order of the court was to approve the Saint-Gobain Ceramic Materials Pty Ltd Collective Agreement 2014 - 2017. The agreement was deemed to be fairly negotiated and in compliance with the Fair Work Act 2009. This approval meant that the agreement would be legally binding on the parties and enforceable under the relevant industrial relations framework.

Saint-Gobain Ceramic Materials 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