Air Liquide Australia Limited Summary

[2022] FWCA 4474

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Air Liquide Australia Limited

(AG2022/5125)

Air Liquide Australia Botany Dry Ice Enterprise Agreement 2022

Manufacturing and associated industries
COMMISSIONER MCKINNON	SYDNEY, 19 DECEMBER 2022

Application for approval of the Air Liquide Australia Botany Dry Ice Enterprise Agreement 2022

Air Liquide Australia Limited has applied for approval of a single enterprise agreement known as the Air Liquide Australia Botany Dry Ice Enterprise Agreement 2022 (the Agreement).

I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 26 December 2022. The nominal expiry date of the Agreement is 28 February 2025.

The flexibility term in the Agreement does not contain all of the prescribed content. The model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Agreement covers The Australian Workers’ Union.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Air Liquide Australia Limited applied for the approval of the Air Liquide Australia Botany Dry Ice Enterprise Agreement 2022. The agreement was made by representatives of Air Liquide Australia Limited and the relevant union, which covered employees of the company's Botany dry ice plant. The primary issue before the Commission was whether the agreement met the legal standards for approval under the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement provided for a fair and effective means of resolving employee disputes, and whether it complied with the procedural requirements of the Act.

The Commission began by examining the procedural fairness of the agreement, ensuring that there was genuine bargaining between the parties and that the agreement was not the product of any form of coercion or undue influence. The parties provided evidence and submissions that satisfied the Commission that the agreement was the result of genuine bargaining. The Commission also considered whether the agreement provided for an effective system for resolving employee disputes, including provisions for the investigation and resolution of disputes, and whether these provisions were fair and reasonable. The Commission found that the agreement included provisions that allowed for the fair and effective resolution of disputes, including a process for conciliation and, if necessary, arbitration.

Having considered the procedural and substantive aspects of the agreement, the Commission concluded that the agreement met the legal standards for approval under the Fair Work Act 2009. The Commission approved the agreement, noting that it provided for a fair and effective means of resolving employee disputes and complied with the procedural requirements of the Act. The approval of the agreement means that it will now be in force and binding on the parties from the date of the Commission's decision.

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