DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Air Liquide Australia Limited
(AG2015/4393)

AIR LIQUIDE AUSTRALIA LIMITED WACOL SITE ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 31 AUGUST 2015

Application for approval of the Air Liquide Australia Limited Wacol Site Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Air Liquide Australia Limited Wacol Site Enterprise Agreement 2015 (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 31 August 2015 and, in accordance with s.54, will operate from 7 September 2015. The nominal expiry date of the Agreement is 30 June 2018.

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 Limited Wacol Site Enterprise Agreement 2015. The applicant is an employer engaged in the provision of industrial gases and services. The dispute arose under the Fair Work Act 2009, with the applicants seeking to have the agreement approved as a registered single interest employer agreement. The respondents were employees of the applicant represented by unions.

The primary issue before the Commission was whether the enterprise agreement met the requirements for approval under the Fair Work Act. This included determining if the agreement had been made in good faith, if it covered the appropriate bargaining unit, and if it included the necessary minimum terms and conditions as stipulated by the Act. A secondary issue was whether the agreement adequately protected the rights of employees, particularly in terms of pay and conditions, and whether it complied with relevant provisions of the National Employment Standards.

The Commission found that the agreement was made in good faith and covered the appropriate bargaining unit. It also found that the agreement included the necessary minimum terms and conditions and did not disadvantage employees in comparison to the relevant award. The Commission was satisfied that the agreement provided fair and reasonable terms for employees, and that it complied with the National Employment Standards. Consequently, the Commission approved the agreement, recognising it as a registered single interest employer agreement.

The final orders of the Commission were that the Air Liquide Australia Limited Wacol Site Enterprise Agreement 2015 be approved and registered under the Fair Work Act 2009. This decision allows the agreement to be in effect from the date of registration, providing a legally binding framework for the employment relationship between the applicant and the employees covered by 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