Air Liquide Australia Limited T/A Air Liquide Australia Limited

[2024] FWCA 3008

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Air Liquide Australia Limited T/A Air Liquide Australia Limited

(AG2024/2776)

AIR LIQUIDE AUSTRALIA SUNSHINE SITE ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 15 AUGUST 2024

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

An application has been made for approval of an enterprise agreement known as the Air Liquide Australia Sunshine Site Enterprise Agreement 2024 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by Air Liquide Australia Limited T/A 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 at 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 requirement of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s 193A(2)-(7).

The Australian Workers’ Union being a bargaining representative for the Agreement and has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) of the Act I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s 54 of the Act will operate from 22 August 2024. The nominal expiry date of the Agreement is 12 April 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Air Liquide Australia Limited T/A Air Liquide Australia Limited was the applicant in a recent case before the Fair Work Commission, seeking approval of the Air Liquide Australia Sunshine Site Enterprise Agreement 2024. The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009 for certification and registration. The applicant argued that the agreement had been negotiated in good faith and covered all relevant employees. The primary legal issues the court needed to address were whether the agreement contained all the mandatory terms required by the Act and whether it had been appropriately negotiated.

The Fair Work Commission examined the content of the agreement to ensure it complied with the statutory mandatory terms and conditions outlined in the Fair Work Act 2009. This included verifying the agreement's provisions on minimum wages, penalty rates, leave entitlements, and other employment standards. The court also considered the process by which the agreement was negotiated, assessing whether the negotiation was conducted in good faith and involved genuine consultation between the employer and the employees or their representatives. The applicant's submissions focused on demonstrating that the agreement met all legislative requirements and was the product of a legitimate negotiation process.

In reaching its decision, the Fair Work Commission found that the Air Liquide Australia Sunshine Site Enterprise Agreement 2024 satisfied all the necessary statutory requirements. The agreement included all mandatory terms and conditions, and the Commission was satisfied that the negotiation process had been conducted in good faith. The court noted that the agreement provided fair and reasonable terms for the employees, addressing their needs and expectations while also considering the employer's operational requirements. As a result, the Commission approved the agreement for registration.

The final orders of the Fair Work Commission were that the Air Liquide Australia Sunshine Site Enterprise Agreement 2024 be certified and registered as a registered agreement under the Fair Work Act 2009. This decision allows the agreement to be in effect from the date of registration, providing a legally binding framework for the employment relationship between Air Liquide Australia Limited and its employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established