DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Air Liquide W.A. Pty Ltd
(AG2016/4523)

AIR LIQUIDE LARGE INDUSTRIES (KWINANA) ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 18 AUGUST 2016

Application for approval of the Air Liquide Large Industries (Kwinana) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Air Liquide Large Industries (Kwinana) Enterprise Agreement 2015 (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 W.A. Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached, and can be found in points 1 and 2 of 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.205(2) of the Act, the model consultation 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 25 August 2016. The nominal expiry date of the Agreement is 31 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case before the Fair Work Commission involved Air Liquide W.A. Pty Ltd and the union representing its employees. The union had submitted an application for the approval of the Air Liquide Large Industries (Kwinana) Enterprise Agreement 2015. The dispute centred around the terms and conditions of employment under the proposed agreement, specifically regarding wages, working conditions, and other employee entitlements. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The legal issues that the Commission had to resolve included whether the agreement provided for the fair remuneration of employees, whether it contained terms that were contrary to the public interest, and if it had been made in good faith and without coercion. The Commission also had to consider whether the agreement had been subject to appropriate consultation processes and whether it complied with minimum workplace standards. Additionally, the Commission needed to assess if the agreement was appropriately certified by an independent certifier, as required by the Act.

In its decision, the Fair Work Commission determined that the Air Liquide Large Industries (Kwinana) Enterprise Agreement 2015 was in compliance with the statutory requirements. The Commission found that the agreement provided for fair remuneration, did not contain terms that were contrary to the public interest, and had been made in good faith. The Commission also confirmed that the agreement had undergone appropriate consultation processes and met the minimum workplace standards. Moreover, the agreement had been certified by an independent certifier, fulfilling the legal prerequisites for approval. Consequently, the Commission approved the enterprise agreement, allowing it to take effect and govern the terms of employment between Air Liquide W.A. Pty Ltd and its employees as per the terms outlined in the agreement.

Air Liquide W.A. 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