DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Air Liquide Australia Limited
(AG2015/4341)

AIR LIQUIDE AUSTRALIA LIMITED ELIZABETH PLANT ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 31 AUGUST 2015

Application for approval of the Air Liquide Australia Limited Elizabeth Plant Enterprise Agreement 2015.

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

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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 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 31 May 2018.

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 Elizabeth Plant Enterprise Agreement 2015. The dispute arose from negotiations between the employer and the union representing the employees, with the union challenging the agreement on various grounds.

The key legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009, specifically in terms of procedural fairness, and whether it contained appropriate safeguards for employees' rights and interests. The union argued that the agreement did not provide adequate protections for employees, particularly in relation to redundancy provisions.

The Commission found that, while the agreement did not perfectly align with all union demands, it was fair and reasonable in its terms. The Commission emphasised the importance of procedural fairness in the negotiation process, but concluded that the process was generally fair and transparent. The agreement was approved on the basis that it provided a reasonable balance of interests between the employer and the employees, with appropriate protections for employees in areas such as redundancy.

The Commission ordered the approval of the Air Liquide Australia Limited Elizabeth Plant Enterprise Agreement 2015, subject to certain conditions aimed at ensuring ongoing consultation and review of the agreement's operation.

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