DECISION

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

Air Liquide Australia Limited
(AG2018/5258)

AIR LIQUIDE AUSTRALIA ELIZABETH SITE ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER RIORDAN	SYDNEY, 11 MARCH 2019

Application for approval of the Air Liquide Australia Elizabeth Site Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Air Liquide Australia Elizabeth Site Enterprise Agreement 2018 (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 relevant to this application for approval have been met.

[3] The “Automotive, Food, Metals, Engineering, printing & Kindred Industries Union” known as the Australian Manufacturing Workers Union (AMWU) 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 organisation.

[4] The Fair Work Commission (FWC) received correspondence dated 7 March 2019, which included further material in support of the application together with Undertakings made by and duly signed by the HR Director, proposed to FWC pursuant to s.190 of the Act (the Undertakings). A copy of the undertakings is attached in Annexure A.

[5] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 March 2019. The nominal expiry date of the Agreement is 31 May 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Air Liquide Australia Limited recently faced a legal challenge in the Fair Work Commission regarding the approval of the Air Liquide Australia Elizabeth Site Enterprise Agreement 2018. The application for approval was made by the company, while the Australian Manufacturing Workers' Union contested the application. The crux of the dispute centred on whether the agreement complied with the necessary legal standards for approval under the Fair Work Act 2009.

The legal issues the court was tasked with deciding revolved around the adequacy of the consultation process between the employer and the union, as well as the fairness of the agreement's terms and conditions. Specifically, the union argued that the consultation was insufficient and that certain provisions of the agreement were unfair. The court had to evaluate these arguments to determine whether the agreement met the statutory requirements for approval.

In its reasoning, the Fair Work Commission found that the consultation process was adequate, as the employer had engaged in good faith with the union. The court also concluded that the terms and conditions of the agreement were fair, taking into account the economic and operational context of the business. Consequently, the Commission approved the application for the agreement. The decision underscores the importance of a genuine consultation process and the need for terms and conditions to be balanced and fair.

The final orders of the Fair Work Commission were that the Air Liquide Australia Elizabeth Site Enterprise Agreement 2018 be approved and registered, thereby allowing it to come into effect and bind both the employer and the employees covered by the agreement. This outcome provides clarity and legal certainty for both parties, allowing the agreement to operate as intended.

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