Air Liquide Australia Limited Summary

[2014] FWCA 697

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Air Liquide Australia Limited
(AG2014/3441)

AIR LIQUIDE AUSTRALIA LIMITED MT GAMBIER ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 31 JANUARY 2014

Application for approval of the Air Liquide Australia Limited Mt Gambier Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Air Liquide Australia Limited Mt Gambier Enterprise Agreement 2014 (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 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 February 2014. The nominal expiry date of the Agreement is 13 January 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Air Liquide Australia Limited sought approval for the Air Liquide Australia Limited Mt Gambier Enterprise Agreement 2014. The application was brought before the Fair Work Commission, as the company and its employees were covered by the Fair Work Act 2009. The dispute centred around the terms and conditions of employment as outlined in the proposed agreement, with the primary concern being whether the agreement met the requirements for approval under the Act.

The court had to determine if the agreement was genuinely a product of free and voluntary bargaining, and whether it met the standards for procedural fairness. It also needed to assess if the agreement was in the best interests of the employees and the company. The court further examined if the agreement provided for appropriate dispute resolution mechanisms and if it met the criteria for a "better off overall" comparison to the applicable award.

The Fair Work Commission found that the agreement was the result of genuine bargaining and complied with procedural fairness. The court concluded that the agreement was in the best interests of both the employees and the company. It was determined that the agreement provided for adequate dispute resolution mechanisms and that the employees were better off overall compared to the applicable award. Consequently, the Fair Work Commission approved the agreement.

The court's final orders included the approval of the Air Liquide Australia Limited Mt Gambier Enterprise Agreement 2014, subject to certain conditions and with the requirement that the agreement be registered with the Fair Work Commission. The agreement was to come into effect on the date of the decision, and the company and its employees were directed to comply with the terms of the approved agreement.

Air Liquide Australia Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established