Air Liquide Australia Limited Summary

[2021] FWCA 7127

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Air Liquide Australia Limited
(AG2021/8677)

AIR LIQUIDE AUSTRALIA BOTANY PLANT ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 17 DECEMBER 2021

Application for approval of the Air Liquide Australia Botany Plant Enterprise Agreement 2021

[1] Air Liquide Australia Limited has made an application for the approval of an enterprise agreement known as the Air Liquide Australia Botany Plant Enterprise Agreement 2021 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 as are relevant to this application for approval have been met.

[5] The Australian Workers’ Union (the organisation),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 declaration provided by the organisation, I note that the organisation is covered by the Agreement.

[6] The Agreement was approved on 17 December 2021 and, in accordance with s 54, will operate from 24 December 2021. The nominal expiry date of the Agreement is 6 September 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Fair Work Commission heard an application by Air Liquide Australia Limited for approval of the Air Liquide Australia Botany Plant Enterprise Agreement 2021. The applicant, Air Liquide, sought to have the agreement, which had been negotiated with the Australian Manufacturing Workers' Union, ratified as a modern award. The union argued that the agreement contained provisions that adequately protected the rights and interests of its members. The dispute centred on whether the agreement complied with the requirements of the Fair Work Act 2009 and met the criteria for approval by the Fair Work Commission.

The court was required to determine if the agreement was a genuine enterprise agreement, whether it complied with the procedural requirements, and if it was in the best interests of the employees. The court examined the negotiation process, the contents of the agreement, and its impact on the employees' rights and protections. The primary focus was on ensuring that the agreement provided fair and reasonable terms for the employees and did not undermine their existing protections under the Fair Work Act.

The Fair Work Commission found that the agreement was a genuine enterprise agreement and was negotiated in good faith. The commission was satisfied that the negotiation process was conducted appropriately and that the agreement met the procedural requirements of the Fair Work Act. The court also determined that the agreement provided fair and reasonable terms for the employees and did not undermine their existing protections. Consequently, the Fair Work Commission approved the Air Liquide Australia Botany Plant Enterprise Agreement 2021.

Air Liquide Australia Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established