Air Liquide Western Australia Pty Ltd

[2016] FWCA 1620

[2016] FWCA 1620

FAIR WORK COMMISSION

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

<Price code G, AE418216  PR577990>

Annexure A