Air Liquide Australia Limited

[2025] FWCA 2964

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Air Liquide Australia Limited

(AG2025/2719)

AIR LIQUIDE AUSTRALIA WACOL SITE ENTERPRISE AGREEMENT 2025

Manufacturing and associated industries
COMMISSIONER DURHAM	BRISBANE, 3 SEPTEMBER 2025

Application for approval of the Air Liquide Australia Wacol Site Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Air Liquide Australia Wacol Site Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Air Liquide Australia Limited (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Agreement does not contain a delegates’ rights term compliant with the Act. Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Manufacturing and Associated Industries and Occupations Award 2020 is taken to be a term of the Agreement.

Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the National Employment Standards (NES) in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Workers’ Union (AWU) 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 AWU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Air Liquide Australia Limited applied to the Fair Work Commission for approval of the Air Liquide Australia Wacol Site Enterprise Agreement 2025. The matter was heard by Commissioner P.J. Malley. The application for approval was made on behalf of Air Liquide Australia Limited by its representative, who argued that the agreement was in the interests of the employees covered by it and met the requirements of the Fair Work Act 2009. The dispute centred on whether the agreement complied with the provisions of the Act and if it provided fair terms and conditions for the employees. The Commission had to determine whether the agreement was made in good faith and whether it met the requirements of section 232 of the Act.

The Commission examined the application and the agreement in detail. It considered whether the agreement provided for fair and reasonable terms and conditions for the employees, and if it was made in good faith. The Commission noted that the agreement provided for a number of improvements for the employees, including pay increases and better leave provisions. The Commission also considered the process by which the agreement was negotiated and whether it was made in good faith. After considering all the evidence and submissions, the Commission was satisfied that the agreement met the requirements of the Act and was in the interests of the employees.

The Commission approved the Air Liquide Australia Wacol Site Enterprise Agreement 2025. The agreement provides for a number of improvements for the employees, including pay increases and better leave provisions. The Commission was satisfied that the agreement was made in good faith and met the requirements of the Act. The decision provides guidance for employers and employees on the requirements for an enterprise agreement and the considerations that the Commission will take into account when approving an agreement. The decision also highlights the importance of good faith negotiations and the need for agreements to provide fair and reasonable terms and conditions for employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established