DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Air Liquide Australia Limited
(AG2020/2026)

AIR LIQUIDE AUSTRALIA KWINANA PLANT ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER WILLIAMS	PERTH, 3 AUGUST 2020

Application for approval of the Air Liquide Australia Kwinana Plant Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Air Liquide Australia Kwinana Plant Enterprise Agreement 2020 (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 Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 August 2020. The nominal expiry date of the Agreement is 31 March 2022.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Air Liquide Australia Limited, a company engaged in the production and supply of industrial gases, and its employees, represented by the Australian Manufacturing Workers' Union. The dispute centred around the proposed Air Liquide Australia Kwinana Plant Enterprise Agreement 2020, which aimed to set out the terms and conditions of employment for workers at the Kwinana plant. The matter was heard in the Fair Work Commission, Australia’s workplace relations tribunal.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the relevant statutory requirements under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for fair and reasonable terms and conditions, including adequate protections for employees, and if it was free from any unlawful content. The Commission also needed to assess if the necessary procedural requirements for the agreement had been met, including whether the agreement had been appropriately negotiated and if there was sufficient employee support for the agreement.

In its decision, the Fair Work Commission noted that the proposed agreement contained terms and conditions that were fair and reasonable, providing adequate protections for employees while also meeting the needs of the employer. The Commission found that the agreement did not contain any unlawful content and had been appropriately negotiated in good faith. Additionally, the Commission was satisfied that there was sufficient employee support for the agreement, as evidenced by the majority of eligible employees voting in favour of the agreement. Consequently, the Commission approved the Air Liquide Australia Kwinana Plant Enterprise Agreement 2020.

As a result of the decision, the approved enterprise agreement is now legally binding on Air Liquide Australia Limited and the employees covered by the agreement. This decision ensures that the terms and conditions of employment at the Kwinana plant are governed by a fair and reasonable agreement, providing certainty and stability for both the employer and employees.

Air Liquide Australia Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established