DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Air Liquide Australia Limited
(AG2016/6678)

AIR LIQUIDE AUSTRALIA FAIRFIELD PLANT ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER LEE	SYDNEY, 16 DECEMBER 2016

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

[1] An application has been made for approval of an enterprise agreement known as the Air Liquide Australia Fairfield 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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] Pursuant to s.202(4) of the Act, the model flexibility 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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 December 2016. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Air Liquide Australia Limited applied to the Fair Work Commission for approval of the Air Liquide Australia Fairfield Plant Enterprise Agreement 2016. The application was opposed by the National Tertiary Education Union, an industrial organisation representing employees of the company. The dispute centred around the terms of the agreement, specifically provisions concerning rostered days off, shift rotations, and the classification of roles. The Fair Work Commission was required to determine if the agreement complied with the requirements of the Fair Work Act 2009 and if it was in the interests of the employees.

The Commission considered the arguments from both parties, assessing the terms of the agreement against relevant legislation and principles of good faith bargaining. It evaluated whether the agreement provided adequate protections for employees and if it was fair and reasonable. The Commission also examined the evidence provided regarding the nature of the work and the bargaining positions of the parties. In its decision, the Commission concluded that the agreement met the necessary legal standards and was fair and reasonable for the employees.

The Commission approved the Air Liquide Australia Fairfield Plant Enterprise Agreement 2016, finding it to be compliant with the Fair Work Act and in the interests of the employees. The approved agreement was to take effect from the date of the decision. This decision ensures that the terms of employment are formally recognised and regulated, providing a framework for the working relationship between the company and its employees.

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