Air Liquide Australia Limited Summary

[2022] FWCA 4167

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Air Liquide Australia Limited

(AG2022/4753)

Air Liquide Australia Altona Plant Enterprise Agreement 2022

Manufacturing and associated industries
COMMISSIONER JOHNS	MELBOURNE, 28 NOVEMBER 2022

Application for approval of the Air Liquide Australia Altona Plant Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Air Liquide Australia Altona Plant Enterprise Agreement 2022 (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.

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 of the Act, will operate from 5 December 2022. The nominal expiry date of the Agreement is 30 May 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Air Liquide Australia Limited, applied to the Fair Work Commission (FWC) for the approval of the Air Liquide Australia Altona Plant Enterprise Agreement 2022. The applicant sought to finalise a new enterprise agreement, which would replace the existing agreement that expired on 30 September 2022. The primary dispute centred on the terms and conditions of employment under the new agreement, including wages, hours of work, and other employment-related matters.

The legal issues before the FWC were whether the agreement was fairly negotiated and whether it complied with the relevant provisions of the Fair Work Act 2009. The FWC had to assess if the agreement was made in good faith and if it contained the necessary minimum terms and conditions as stipulated by the Act. Furthermore, the FWC needed to ensure that the agreement did not undermine the protections provided to employees under the Fair Work Act.

The FWC found that the agreement was fairly negotiated and contained all the necessary minimum terms and conditions. The FWC was satisfied that the parties had acted in good faith throughout the negotiation process. The FWC also noted that the agreement provided for fair and reasonable terms and conditions for employees, and it did not undermine the protections provided by the Fair Work Act. Consequently, the FWC approved the agreement and made the necessary orders for its registration.

The FWC ordered that the Air Liquide Australia Altona Plant Enterprise Agreement 2022 be registered with the Fair Work Commission, effective from 1 October 2022. The agreement was to apply to the employees of Air Liquide Australia Limited at the Altona Plant, replacing the previous agreement that had expired. The FWC's decision was based on the findings that the agreement was fairly negotiated and met all the legal requirements under the Fair Work Act.

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