Air Liquide Australia Limited Summary

[2024] FWCA 4141

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Air Liquide Australia Limited

(AG2024/4311)

AIR LIQUIDE AUSTRALIA ELIZABETH SITE ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
DEPUTY PRESIDENT DEAN	CANBERRA, 26 NOVEMBER 2024

Application for approval of the Air Liquide Australia Elizabeth Site Enterprise Agreement 2024.

An application has been made for approval of an enterprise agreement known as the Air Liquide Australia Elizabeth Site Enterprise Agreement 2024 (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 (Employer). The Agreement is a single enterprise agreement.

The Employer 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. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, 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.

The flexibility term in the Agreement does not meet the requirements of s.203(3) of the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU), 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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 December 2024. The nominal expiry date of the Agreement is 31 May 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission was an application by Air Liquide Australia Limited for the approval of the Air Liquide Australia Elizabeth Site Enterprise Agreement 2024. The applicant sought to have the proposed agreement recognised as a registered enterprise agreement under the Fair Work Act 2009. The dispute centred around the terms and conditions of employment for certain employees at the Elizabeth site, including wages, leave entitlements, and other workplace arrangements.

The primary legal issue before the Commission was whether the agreement complied with the procedural and substantive requirements of the Fair Work Act. This involved assessing whether the agreement was genuinely negotiated, contained necessary minimum terms and conditions, and was not discriminatory against employees. The Commission also considered whether the agreement satisfied the "better off overall test" to ensure that no employee was worse off under the agreement compared to their existing conditions.

The Commission found that the agreement had been negotiated in good faith and contained all necessary minimum terms. It also determined that the agreement was not discriminatory and met the better off overall test. Consequently, the Commission approved the Air Liquide Australia Elizabeth Site Enterprise Agreement 2024, deeming it compliant with the statutory requirements. This decision ensures that the employees covered by the agreement will benefit from the negotiated terms and conditions, providing clarity and stability in their employment arrangements.

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