Air Liquide Australia Limited

[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 The wage rates were subsequently filed with a request from Air Liquide that they remain confidential and not be published.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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Air Liquide Australia Limited, sought approval for the Air Liquide Australia Limited Altona Plant Enterprise Agreement 2013 from the Fair Work Commission. The dispute arose from the negotiation and subsequent application for approval of an enterprise agreement that was intended to govern the terms and conditions of employment for employees at the Altona Plant. The matter was heard in the Fair Work Commission, which is responsible for handling workplace relations matters in Australia.

The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009, particularly concerning the process by which it was negotiated and the extent to which it complied with the provisions of the Act. The Commission needed to determine if the agreement was made in good faith, if it was free from coercion or undue influence, and if it contained the necessary minimum terms and conditions as prescribed by the Act. Furthermore, the Commission had to consider if the agreement was fairly and appropriately negotiated and if it complied with the procedural requirements.

The Commission found that the agreement was made in good faith and was free from any form of coercion or undue influence. It determined that the negotiation process adhered to the requirements of the Act, and the agreement contained all the necessary minimum terms and conditions. The Commission concluded that the agreement was fairly and appropriately negotiated, and it satisfied the procedural requirements set out in the Fair Work Act 2009. As a result, the Commission approved the agreement.

The Fair Work Commission approved the Air Liquide Australia Limited Altona Plant Enterprise Agreement 2013, affirming that it met all legal requirements under the Fair Work Act 2009. This decision ensures that the terms and conditions of employment for the employees at the Altona Plant are governed by the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established