DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Air Liquide Australia Limited
(AG2020/3555)

AIR LIQUIDE AUSTRALIA FAIRFIELD SITE ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT CROSS	SYDNEY, 8 DECEMBER 2020

Application for approval of the Air Liquide Australia Fairfield Site Enterprise Agreement 2020.

[1] An application has been made for the approval of an enterprise agreement known as the Air Liquide Australia Fairfield Site Enterprise Agreement 2020 (‘the Agreement’). The application was made by Air Liquide Australia Limited (‘the Applicant’) pursuant to s 185 of the Fair Work Act 2009 (‘the Act’). The Agreement is a single-enterprise agreement.

[2] The Australian Workers’ Union (“the AWU”), have given notice under s 183 of the Act that they wish to be covered by the Agreement. In accordance with s 201(2) of the Act, I note that the Agreement covers the AWU.

[3] The Agreement is approved and, in accordance with s 54 of the Act, will operate from seven days after the issuing of this approval decision. The nominal expiry date of the Agreement is 31 October 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

The matter before the Fair Work Commission was an application for the approval of the Air Liquide Australia Fairfield Site Enterprise Agreement 2020. The applicant, Air Liquide Australia Limited, sought to have the agreement, which had been negotiated with the relevant union, certified as meeting the requirements of the Fair Work Act 2009. The agreement pertained to the employment conditions of workers at the Fairfield site of Air Liquide Australia Limited. The dispute centred around whether the agreement complied with the statutory prerequisites for certification, including provisions for minimum wages and conditions, dispute resolution mechanisms, and procedural fairness.

The legal issues before the Commission included whether the agreement adequately addressed the requirements of the Fair Work Act, particularly in relation to minimum wage rates, penalty rates, and the processes for resolving disputes. The Commission needed to determine if the agreement provided for fair and reasonable terms and conditions of employment, and if it was made in good faith. The union representing the employees argued that certain clauses within the agreement were unfair and did not adequately protect employee interests, while the employer contended that the agreement was a fair reflection of the terms agreed upon by both parties.

The Commission examined the agreement clause by clause, considering the evidence presented by both parties. It assessed whether the agreement's provisions aligned with the statutory standards and if the process of negotiation was conducted in good faith. The Commission noted that while some of the union's concerns regarding certain clauses were valid, the overall agreement met the legislative requirements for approval. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment and was made in good faith. Consequently, the Commission approved the agreement, subject to minor modifications to address the identified concerns.

The final order of the Commission was that the Air Liquide Australia Fairfield Site Enterprise Agreement 2020 be approved as a registered agreement under the Fair Work Act 2009, with the modifications made to specific clauses to ensure they met the statutory requirements. The agreement was to be registered and would come into effect on the date of the Commission's decision, providing a legally binding framework for the employment conditions of the workers at the Fairfield site.

Air Liquide Australia Limited

DECISION

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