DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Air Liquide Western Australia Pty Ltd
(AG2016/309)

AIR LIQUIDE HENDERSON OPERATION SITE ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	SYDNEY, 16 MARCH 2016

Application for approval of the Air Liquide Henderson Operation Site Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Air Liquide Henderson Operation Site 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 Western Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 16 March 2016 and, in accordance with s.54, will operate from 23 March 2016. The nominal expiry date of the Agreement is 16 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves Air Liquide Western Australia Pty Ltd and its employees. The dispute was brought before the Fair Work Commission, where the company sought approval of the Air Liquide Henderson Operation Site Enterprise Agreement 2015. This agreement was intended to set out the terms and conditions of employment for certain employees of Air Liquide. The legal issues the court had to decide were whether the agreement met the requirements of the Fair Work Act 2009 and whether it was made in accordance with the relevant provisions of the Act.

The court considered the process by which the agreement was made and whether it was done fairly and in good faith. The company argued that the agreement was made in accordance with the relevant provisions of the Act and that it had been negotiated in good faith. The employees, on the other hand, argued that the agreement did not meet the requirements of the Act and that it was not made in accordance with the relevant provisions. The court found that the agreement was made in accordance with the relevant provisions of the Act and that it was made in good faith. The court also found that the agreement met the requirements of the Act and that it was fair and reasonable.

The court made an order approving the Air Liquide Henderson Operation Site Enterprise Agreement 2015. The court found that the agreement was made in accordance with the relevant provisions of the Act and that it was fair and reasonable. The court also found that the agreement met the requirements of the Act and that it was made in good faith. The employees were given the opportunity to lodge an appeal against the decision within the relevant timeframe. The court's decision provides guidance on the requirements for approving enterprise agreements and the process that must be followed to ensure that they are made in accordance with the Act.

Air Liquide Western Australia 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