Air Liquide Australia Limited; The Australian Workers’ Union

[2021] FWCA 3212

[2021] FWCA 3212

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Air Liquide Australia Limited; The Australian Workers’ Union
(AG2021/4976)

AIR LIQUIDE AUSTRALIA SUNSHINE SITE ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
DEPUTY PRESIDENT CROSS	SYDNEY, 3 JUNE 2021

Application for approval of the Air Liquide Australia Sunshine Site Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Air Liquide Australia Sunshine Site Enterprise Agreement 2021 (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 and the Australian Workers Union. 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 employer did not provide all covered employees with the NERR within 14 days of the notification time as required by s.173 of the Act. Pursuant to s.188(2), I am satisfied that the agreement would have been genuinely agreed to but for the minor procedural error made in relation to the requirement in s.173. I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days of the date of this approval. The nominal expiry date of the Agreement is 28 February 2024.

DEPUTY PRESIDENT

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