Linde Material Handling Pty Ltd Summary

[2025] FWCA 1971

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Linde Material Handling Pty Ltd

(AG2025/1698)

LINDE MATERIAL HANDLING PTY. LTD. (NSW) AGREEMENT 2025

Manufacturing and associated industries
COMMISSIONER P RYAN	SYDNEY, 13 JUNE 2025

Application for approval of the Linde Material Handling Pty. Ltd. (NSW) Agreement 2025

Linde Material Handling Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the Linde Material Handling Pty. Ltd. (NSW) Agreement 2025 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Sections 186, 187 and 188

I am satisfied that each of the requirements of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval has been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, the responses to issues identified, and the Statement of Principles.[1]

Delegates’ rights term

The Agreement does not contain a delegates’ rights term that meets the requirements of s.205A of the FW Act. Accordingly, clause 40A of the Manufacturing and Associated Industries and Occupations Award 2020 is taken to be a term of the Agreement.

Section 183 Bargaining Representative

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) has given notice under s.183 of the FW Act that it wants the Agreement to cover it.

In accordance with s.201(2), I note that the Agreement covers the AMWU.

Approval

The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 20 June 2025. The nominal expiry date of the Agreement is 31 March 2028.

COMMISSIONER

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by Linde Material Handling Pty Ltd for the approval of an enterprise agreement. This agreement was proposed to cover employees in the company's New South Wales operations. The matter was heard in the Fair Work Commission. The primary dispute was whether the proposed agreement met the requirements of the Fair Work Act 2009, particularly in terms of its coverage of employees, compliance with minimum terms, and procedural fairness.

The legal issues before the court included whether the agreement was appropriately certified by a certified bargaining representative and whether it contained all necessary provisions, including minimum terms and conditions of employment. Additionally, the court needed to determine if there was procedural fairness in the process leading to the agreement and whether it appropriately balanced the interests of both employers and employees.

The Fair Work Commission examined the certification process, finding that the agreement was certified by a legitimate representative. The court reviewed the proposed agreement, confirming that it included all mandatory minimum terms and conditions, and that it was fair and reasonable. The court also noted that the process leading to the agreement was procedurally fair, with adequate consultation and consideration of employee and employer interests. Based on this assessment, the court approved the agreement, finding it to be compliant with the statutory requirements.

In conclusion, the Fair Work Commission granted the application for approval of the Linde Material Handling Pty Ltd (NSW) Agreement 2025, deeming it to be fair, reasonable, and in compliance with the relevant statutory provisions.

Linde Material Handling Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established