DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Air Liquide Australia Limited
(AG2018/2952)

AIR LIQUIDE AUSTRALIA BOTANY PLANT ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 30 AUGUST 2018

Application for approval of the Air Liquide Australia Botany Plant Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Air Liquide Australia Botany Plant 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] 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.

[5] The Agreement was approved on 30 August 2018 and, in accordance with s.54, will operate from 6 September 2018. The nominal expiry date of the Agreement is 6 September 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Air Liquide Australia Limited recently applied to the Fair Work Commission for approval of the Air Liquide Australia Botany Plant Enterprise Agreement 2017. The dispute centred on the proposed terms of employment outlined in the agreement, with specific concerns regarding the classification of employees, remuneration, and other working conditions. The matter was heard before the Commission, which was tasked with determining whether the agreement met the statutory requirements under the Fair Work Act 2009.

The central legal issues before the Commission involved whether the proposed agreement provided for fair and reasonable terms, and whether it adhered to the provisions of the Fair Work Act. A significant point of contention was the classification of certain employees and the corresponding pay rates. The Commission also had to consider whether the agreement provided adequate protection for employee rights and interests, and if it allowed for appropriate dispute resolution mechanisms.

After a thorough examination of the arguments presented by both parties, the Commission found that the proposed agreement met the statutory requirements for approval. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions of employment, and that it adequately protected the rights and interests of the employees. The Commission also noted that the agreement included appropriate dispute resolution mechanisms. Consequently, the Fair Work Commission approved the Air Liquide Australia Botany Plant Enterprise Agreement 2017, and the matter was finalised with the court issuing the necessary orders to formalise the agreement.

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