DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Air Liquide Australia Limited
(AG2015/3339)

AIR LIQUIDE AUSTRALIA LIMITED SUNSHINE SITE - PRODUCTION - ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 3 AUGUST 2015

Application for approval of the Air Liquide Australia Limited Sunshine Site - Production - Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Air Liquide Australia Limited Sunshine Site - Production - 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 3 August 2015 and, in accordance with s.54, will operate from 10 August 2015. The nominal expiry date of the Agreement is 28 February 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Air Liquide Australia Limited applied for approval of an enterprise agreement concerning the operations at its Sunshine site. The application was heard in the Fair Work Commission. The primary issue was whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009. Specifically, the Commission needed to determine if the agreement met the procedural and substantive fairness requirements, including whether it provided for a genuine bargaining process, and if it was fair and reasonable in all its terms.

The Commission assessed the evidence presented regarding the bargaining process and the terms of the agreement. It considered whether the agreement was genuinely negotiated between the employer and the employees, and if it adequately covered all necessary aspects of employment conditions. The Commission also evaluated whether the agreement's terms were fair and reasonable, taking into account the interests of both the employer and employees. After careful examination, the Commission found that the agreement had been negotiated in good faith and that its terms were fair and reasonable. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Air Liquide Australia Limited Sunshine Site - Production - Enterprise Agreement 2015. The Commission found that the agreement was the product of genuine negotiations and contained terms that were fair and reasonable. This approval ensures that the agreement will be binding on the parties and will govern the employment conditions at the Sunshine site.

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