DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Air Liquide Healthcare Pty Ltd
(AG2019/1797)

AIR LIQUIDE HEALTHCARE NORTH SUNSHINE & DANDENONG ENTERPRISE AGREEMENT 2017

Health and welfare services
COMMISSIONER WILSON	MELBOURNE, 31 JULY 2019

Application for approval of the Air Liquide Healthcare North Sunshine & Dandenong Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Air Liquide Healthcare North Sunshine & Dandenong Enterprise Agreement 2017 (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 Healthcare Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 August 2019. The nominal expiry date of the Agreement is 31 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Air Liquide Healthcare Pty Ltd was the subject of an application before the Fair Work Commission for the approval of the Air Liquide Healthcare North Sunshine & Dandenong Enterprise Agreement 2017. The application was brought by the applicant company, and the dispute related to the terms and conditions of employment for the workers covered by the agreement.

The primary legal issue before the court was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. This included an assessment of whether the agreement provided for minimum rates of pay, classification of employees, and other terms and conditions that complied with the relevant laws and protected the rights of the employees. The court also had to consider whether the agreement was made in good faith and whether it met the requirements for being a "single enterprise agreement."

In reaching its decision, the court examined the provisions of the agreement and the process by which it was made. The court found that the agreement was made in good faith and that it met the statutory requirements for approval. The court also found that the agreement provided for minimum rates of pay and other terms and conditions that were no less favourable than the applicable award or registered agreement. The court was satisfied that the agreement was a single enterprise agreement and that it met the other requirements for approval under the Fair Work Act.

The court approved the Air Liquide Healthcare North Sunshine & Dandenong Enterprise Agreement 2017, effective from 1 April 2017. The decision provides certainty for the parties and ensures that the employees covered by the agreement are protected by fair and reasonable terms and conditions of employment.

Air Liquide Healthcare Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established