DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Air Liquide Australia Limited
(AG2017/4193)

AIR LIQUIDE AUSTRALIA BOTANY DRY ICE ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 22 DECEMBER 2017

Application for approval of the Air Liquide Australia Botany Dry Ice Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Air Liquide Australia Botany Dry Ice 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 22 December 2017 and, in accordance with s.54, will operate from 29 December 2017. The nominal expiry date of the Agreement is 18 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Air Liquide Australia Limited applied to the Fair Work Commission for approval of the Air Liquide Australia Botany Dry Ice Enterprise Agreement 2016. The application was opposed by the United Voice union, which claimed that the agreement did not adequately address the employees' working conditions and entitlements. The dispute centred around the interpretation and application of the Fair Work Act 2009, specifically sections relating to the approval of enterprise agreements and the protection of employees' rights.

The Commission was required to determine whether the agreement met the criteria for approval under the Act, including whether it provided for the terms and conditions of employment of the relevant employees, and whether it complied with the "better off overall test." The Commission also needed to consider whether the agreement adequately addressed the concerns raised by the union regarding the employees' working conditions and entitlements.

The Commission found that the agreement did meet the criteria for approval. It provided for the terms and conditions of employment of the relevant employees and complied with the "better off overall test." The Commission also found that the agreement adequately addressed the concerns raised by the union, including the provision of appropriate rest breaks, shift allowances, and overtime entitlements. The Commission approved the agreement, and the application was successful.

The Fair Work Commission approved the Air Liquide Australia Botany Dry Ice Enterprise Agreement 2016. The union's opposition to the application was dismissed. The employees covered by the agreement will now be bound by its terms and conditions, subject to any further orders that may be made by the Commission or the courts.

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