Air Liquide Australia Limited

[2013] FWCA 5911

[2013] FWCA 5911

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Air Liquide Australia Limited
(AG2013/8516)

AIR LIQUIDE AUSTRALIA LIMITED ALTONA PLANT ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 20 AUGUST 2013

Application for approval of the Air Liquide Australia Limited Altona Plant Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Air Liquide Australia Limited Altona Plant Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Air Liquide Australia Limited. The agreement is a single-enterprise agreement.

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

[3] The wage rates do not appear in the Agreement. I requested the Applicant file the wage rates with the Commission so that I could properly assess the agreement against the Better Off Overall Test. The wage rates were subsequently filed with a request from Air Liquide that they remain confidential and not be published. I accept that request and determine that the wage rates are to be treated as confidential and not published.

[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. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from27 August 2013. The nominal expiry date of the Agreement is 30 May 2016.

COMMISSIONER

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