DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Air Liquide Australia Limited
(AG2019/5191)

AIR LIQUIDE AUSTRALIA ALTONA PLANT ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 13 FEBRUARY 2020

Application for approval of the Air Liquide Australia Altona Plant Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Air Liquide Australia Altona Plant Enterprise Agreement 2019 (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 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Australian Workers Union, 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) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 13 February 2020 and, in accordance with s.54, will operate from 20 February 2020. The nominal expiry date of the Agreement is 30 May 2021.

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 Altona Plant Enterprise Agreement 2019. The dispute was about whether the agreement met the necessary legal standards and if the required consultation processes were followed. The Fair Work Commission was tasked with determining these issues.

The central legal issues were whether the agreement complied with the provisions of the Fair Work Act 2009 and whether the proper consultation processes were undertaken with the employees and their representatives. The Commission considered whether the agreement provided for the employees' terms and conditions of employment in a fair and reasonable manner, and whether it met the requirements for being a "single enterprise agreement" as per the Act.

The Commission examined the processes and evidence provided by the applicant, including the consultation process and the views of the employees and their representatives. It found that the agreement was fair and reasonable, meeting all the legal requirements for approval. The applicant had conducted adequate consultation and provided sufficient evidence of the employees' support for the agreement. The Commission approved the agreement, finding it to be a genuine enterprise agreement.

The Fair Work Commission approved the Air Liquide Australia Altona Plant Enterprise Agreement 2019, determining it met all legal requirements and was fairly and reasonably negotiated. This decision provides clarity for future enterprise agreements within the company, ensuring compliance with the Fair Work Act.

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