DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Air Liquide Australia Limited; Australian Workers’ Union, The
(AG2018/7337)

AIR LIQUIDE AUSTRALIA SUNSHINE SITE ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 18 APRIL 2019

Application for approval of the Air Liquide Australia Sunshine Site Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Air Liquide Australia Sunshine Site Enterprise Agreement 2018 (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; Australian Workers’ Union, The. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 April 2019. The nominal expiry date of the Agreement is 28 February 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case between Air Liquide Australia Limited and the Australian Workers’ Union involved an application for the approval of the Air Liquide Australia Sunshine Site Enterprise Agreement 2018. The application was made by Air Liquide Australia Limited, and the Australian Workers’ Union participated in the proceedings. The primary focus was on whether the enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009.

The court was tasked with determining whether the enterprise agreement complied with the procedural and substantive requirements outlined in the legislation. This included ensuring that the agreement was made in good faith and covered the necessary bargaining topics. The court also had to consider if the agreement was free from any illegal content and whether the necessary consultation and disclosure processes had been followed.

In examining the enterprise agreement, the court found that it met all the statutory requirements for approval. The agreement was made in good faith, covered the appropriate bargaining topics, and did not contain any illegal content. The consultation and disclosure processes were also found to be adequate. Therefore, the court ruled in favour of Air Liquide Australia Limited and approved the Air Liquide Australia Sunshine Site Enterprise Agreement 2018. The final orders of the court included the approval of the enterprise agreement and the dismissal of any objections raised by the Australian Workers’ Union.

Air Liquide Australia Limited; Australian Workers’ Union, The

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established