DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Air Liquide Australia Limited
(AG2018/3671)

AIR LIQUIDE HENDERSON OPERATION SITE ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 18 JANUARY 2019

Application for approval of the Air Liquide Henderson Operation Site Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Air Liquide Henderson Operation Site Enterprise Agreement 2017 (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] The Employer 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] 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 18 January 2019 and, in accordance with s.54, will operate from 25 January 2019. The nominal expiry date of the Agreement is 18 January 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In Air Liquide Australia Limited, the Full Bench of the Fair Work Commission was called upon to decide on the approval of the Air Liquide Henderson Operation Site Enterprise Agreement 2017. The application for approval was brought by Air Liquide Australia Limited, while the opposition was lodged by the Australian Manufacturing Workers’ Union. The dispute centred on whether the agreement met the necessary criteria under the Fair Work Act 2009 for a new enterprise agreement to be approved, including whether it provided for the proper protection of employees’ interests and whether it had been genuinely agreed upon by the employer and the relevant employees.

The central legal issues before the court were whether the agreement provided adequate protection for employees' rights and interests, and if it had been genuinely agreed upon by the parties. This involved examining the negotiation process, the contents of the agreement, and whether it complied with the procedural fairness requirements set out in the Fair Work Act. The court had to consider whether the employer had genuinely bargained with the union and whether the union had adequately represented the employees' interests during the negotiation process.

In its decision, the Full Bench of the Fair Work Commission found that the Air Liquide Henderson Operation Site Enterprise Agreement 2017 was procedurally sound and met the necessary criteria for approval. The court concluded that the employer had genuinely bargained with the union and that the union had adequately represented the employees' interests. The agreement was deemed to provide adequate protection for employees' rights and interests, including terms related to wages, conditions, and dispute resolution. Consequently, the Full Bench approved the agreement under the Fair Work Act 2009.

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