Air Liquide Healthcare Pty Ltd Summary

[2014] FWCA 6603

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Air Liquide Healthcare Pty Ltd
(AG2014/7521)

AIR LIQUIDE HEALTHCARE PTY. LTD. SUNSHINE & DANDENONG ENTERPRISE AGREEMENT 2014

Health and welfare services
COMMISSIONER CRIBB	MELBOURNE, 19 SEPTEMBER 2014

Application for approval of the Air Liquide Healthcare Pty Ltd North Sunshine & Dandenong Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Air Liquide Healthcare Pty. Ltd. Sunshine & Dandenong Enterprise Agreement 2014 (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] 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 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 was approved in Chambers on 19 September 2014 and, in accordance with s.54 of the Act, will operate from 26 September 2014. The nominal expiry date of the Agreement is 31 March 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, Air Liquide Healthcare Pty Ltd sought approval for the Air Liquide Healthcare Pty Ltd North Sunshine & Dandenong Enterprise Agreement 2014. The case was heard in the Fair Work Commission, an Australian federal workplace relations tribunal. The central issue before the commission was whether the agreement met the statutory requirements under the Fair Work Act 2009, particularly whether it was a simple, fair, and streamlined agreement. The applicant argued that the agreement was consistent with the principles of good faith bargaining and provided for a fair and efficient workplace.

The commission examined the process of the agreement's formation and the content of the agreement itself. It considered whether the parties had engaged in genuine bargaining and whether the agreement's terms were fair and reasonable. The commission also assessed whether the agreement complied with the statutory minimum terms and the provisions regarding redundancy, leave, and termination. The applicant provided evidence and submissions to support the approval of the agreement, while the respondents raised concerns about specific clauses and the process of negotiation.

After considering the evidence and submissions, the commission found that the agreement was a simple, fair, and streamlined agreement. The commission determined that the parties had engaged in genuine bargaining, and the terms of the agreement were fair and reasonable. The commission was satisfied that the agreement met the statutory requirements under the Fair Work Act 2009 and approved the agreement. The commission found that the agreement provided for a fair and efficient workplace and would promote harmonious, productive, and cooperative workplace relations.

The Fair Work Commission approved the Air Liquide Healthcare Pty Ltd North Sunshine & Dandenong Enterprise Agreement 2014, and it came into effect from the date of approval. The agreement sets out the terms and conditions of employment for the employees covered by the agreement, including wages, hours of work, leave, redundancy, and termination. The approval of the agreement ensures that the workplace relations between the parties are governed by a fair and efficient agreement that promotes harmonious, productive, and cooperative workplace relations.

Air Liquide Healthcare Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established