Air Liquide Australia Limited

[2013] FWCA 9264

FAIR WORK COMMISSION

DECISION

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

Air Liquide Australia Limited
(AG2013/11307)

AIR LIQUIDE AUSTRALIA LIMITED BOTANY DRY ICE ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 25 NOVEMBER 2013

Application for approval of the Air Liquide Australia Limited Botany Dry Ice Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Air Liquide Australia Limited Botany Dry Ice Enterprise Agreement 2013. (the Agreement). The application was made pursuant to s185 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 Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 2 December 2013. The nominal expiry date of the Agreement is 31 May 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Air Liquide Australia Limited sought approval of the Air Liquide Australia Limited Botany Dry Ice Enterprise Agreement 2013. The application was heard in the Fair Work Commission, with the respondent being the Australian Manufacturing Workers' Union. The dispute centred on the terms of the agreement and whether they complied with the Fair Work Act 2009.

The legal issues before the court involved whether the enterprise agreement contained all the mandated terms and conditions, and if it adhered to the provisions of the Fair Work Act. Additionally, the court had to consider whether the agreement was made in good faith and if it provided for a fair and efficient workplace.

The Fair Work Commission found that the agreement contained all the required terms and conditions and adhered to the Fair Work Act. The court examined the negotiation process and concluded that the agreement was made in good faith. The commission also found that the agreement provided for a fair and efficient workplace, meeting the statutory requirements. Consequently, the application for approval was granted, and the agreement was registered under the Fair Work Act.

The final orders of the court involved the registration of the Air Liquide Australia Limited Botany Dry Ice Enterprise Agreement 2013, subject to the terms and conditions outlined in the agreement and the Fair Work Act. The agreement was to be in effect from the date of registration and would apply to the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established