DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Air Liquide Australia Limited
(AG2017/6310)

AIR LIQUIDE AUSTRALIA LIMITED ALTONA PLANT ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER MCKINNON	MELBOURNE, 13 APRIL 2018

Application for approval of the Air Liquide Australia Limited Altona Plant Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Air Liquide Australia Limited Altona Plant Enterprise Agreement 2016 (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 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] Subject to the undertakings referred to above, 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 April 2018. The nominal expiry date of the Agreement is 30 May 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Air Liquide Australia Limited sought approval of the Air Liquide Australia Limited Altona Plant Enterprise Agreement 2016. The application was brought by the company, which is an employer, to formalise the terms of employment for its employees at the Altona Plant. The union representing the employees, however, contested certain provisions of the agreement, raising issues regarding employee entitlements and the process by which the agreement was reached.

The primary legal issues before the Commission centred on whether the agreement was made in good faith, whether it met the requirements for a protected action ballot, and whether it complied with the Fair Work Act 2009. The union argued that the agreement did not adequately protect employee entitlements and that the process for reaching the agreement was flawed. The company, on the other hand, contended that the agreement was made in good faith and that it was fair and reasonable.

The Commission examined the evidence and submissions from both parties and considered the legal principles governing enterprise agreements. The Commission found that the agreement was made in good faith and that the process for reaching it was valid. The Commission also found that the agreement met the requirements for a protected action ballot and that it complied with the Fair Work Act. The Commission approved the application for the agreement, finding that it provided for fair and reasonable terms of employment for the employees at the Altona Plant.

The Commission made orders approving the Air Liquide Australia Limited Altona Plant Enterprise Agreement 2016 and setting out the effective date and duration of the agreement. The union was also ordered to provide written notice of the approval to its members. The company was ordered to take all necessary steps to give effect to the agreement and to inform its employees of its terms. The decision provides guidance on the requirements for enterprise agreements and the process for seeking their approval.

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