Application for approval of the Saint-Gobain Abrasives - Electricians Enterprise Agreement 2024 - 2027

[1] Saint-Gobain Abrasives Pty Ltd has applied for approval of an enterprise agreement known as the Saint-Gobain Abrasives - Electricians Enterprise Agreement 2024-2027 under s 185 of the Fair Work Act 2009 (Cth).

[2] The Agreement is a single enterprise agreement.

[3] I observe that the following clauses are likely to be inconsistent with the National Employment Standards:

• Clause 37.2.1 - regarding Personal/Carer's leave;

• Clause 38 - regarding Compassionate leave for miscarriage or stillbirth;

• Clause 25.2.2 - regarding withholding monies at termination.

[4] Clause 10.1 of the Agreement gives precedence to the NES. I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

[6] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) lodged a Form F18 statutory declaration giving notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) of the Act, I note the Agreement covers the CEPU.

[7] It appears that the Employer issued an earlier version of the Notice of Employee Representative Rights and therefore did not comply with s 174(1A). Aside from use of the earlier version of the Notice, there were no substantive differences. I am satisfied with the Employer's responses to my concerns regarding the use of the earlier Notice and I disregard the error in accordance with s 188(5) of the Act as I am also satisfied that employees were not disadvantaged by the error.

[8] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 28 August 2025.

[9] In accordance with clause 5.1, the nominal expiry date of the Agreement is 24 November 2027.

Printed by authority of the Commonwealth Government Printer