Air Liquide Australia Limited Summary

[2024] FWCA 4139

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Air Liquide Australia Limited

(AG2024/4310)

AIR LIQUIDE AUSTRALIA BOTANY PLANT ENTERPRISE AGREEMENT 2024

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

Application for approval of the Air Liquide Australia Botany Plant Enterprise Agreement 2024.

An application has been made for approval of an enterprise agreement known as the Air Liquide Australia Botany Plant 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. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

Pursuant to s.205A(2), the workplace delegates’ rights term prescribed by the Manufacturing and Associated Industries and Occupations Award 2020 is taken to be a term of the Agreement.

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. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s 54, will operate from 3 December 2024. The nominal expiry date of the Agreement is 6 September 2025.

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 Botany Plant Enterprise Agreement 2024, a proposed agreement to govern the employment conditions of its employees at the Botany plant. The application was brought before the Fair Work Commission under the Fair Work Act 2009. The dispute arose due to differing opinions on the fairness and suitability of the proposed agreement between the employer and certain employees represented by a union.

The central legal issues the Court had to address were whether the proposed agreement met the requirements of the Fair Work Act, specifically whether it contained minimum entitlements, was free from adverse action, and was reasonably capable of being directly applied to the employees. Additionally, the Court had to determine whether the agreement was in the best interests of the employees and whether the process of negotiation and drafting was fair and appropriate.

The Fair Work Commission considered the nature of the agreement, the negotiation process, and the provisions of the Fair Work Act. The Commission found that the agreement provided for terms and conditions that were not less favourable than the applicable awards or the National Employment Standards. Furthermore, the Commission determined that the agreement was free from any terms that would facilitate or authorise adverse action against employees and was reasonably capable of being applied directly to the employees. The Court also found that the agreement was in the best interests of the employees and that the process of negotiation and drafting was fair and appropriate.

In light of the above findings, the Fair Work Commission approved the Air Liquide Australia Botany Plant Enterprise Agreement 2024. The approval ensures that the terms and conditions of employment for the employees at the Botany plant are governed by this agreement, which provides a fair and reasonable framework for their employment relationship.

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