Air Liquide Australia Limited

[2020] FWCA 732

[2020] FWCA 732

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Air Liquide Australia Limited
(AG2019/5143)

AIR LIQUIDE AUSTRALIA BOTANY DRY ICE ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 11 FEBRUARY 2020

Application for approval of the Air Liquide Australia Botany Dry Ice Enterprise Agreement 2019.

[1] Air Liquide Australia Limited has made an application for the approval of an enterprise agreement known as the Air Liquide Australia Botany Dry Ice Enterprise Agreement 2019 (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 statutory declaration, 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 model flexibility term prescribed by the Fair Work Regulations 2009 (Cth) is attached to the Agreement and taken to be a term of it.

[6] Clause 16.4 relates to the completion of certain work tasks regardless of industrial circumstances. The application of this clause could be inconsistent with the Act and unenforceable. However, notwithstanding my view on that, it is not a matter to which I am to have regard in terms of whether or not the Agreement should be approved, and it does not represent a barrier to the approval of the Agreement. I further note that the Applicant has provided an undertaking regarding this clause.

[7] 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 statutory declaration provided by the organisation, I note that the organisation is covered by the Agreement.

[8] The Agreement was approved on 11 February 2020 and, in accordance with s 54, will operate from 18 February 2020. The nominal expiry date of the Agreement is 18 September 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A