DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Linde Material Handling Pty Ltd
(AG2019/3915)

AMWU & LINDE MATERIAL HANDLING PTY LTD (VICTORIA) ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 28 OCTOBER 2019

Application for approval of the AMWU & Linde Material Handling Pty Ltd (Victoria) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the AMWU & Linde Material Handling Pty Ltd (Victoria) Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Linde Material Handling Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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] 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.

[5] The Agreement was approved on 28 October 2019 and, in accordance with s.54, will operate from 4 November 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves an application by the Australian Manufacturing Workers' Union (AMWU) and Linde Material Handling Pty Ltd for the approval of their Enterprise Agreement 2019. The matter was heard in the Fair Work Commission. The primary dispute centred around whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009.

The legal issues that the Commission needed to address included whether the agreement contained minimum terms and conditions of employment, and whether it was free from any provisions that would adversely affect employees' rights. Additionally, the Commission had to consider whether the agreement had been made in good faith and whether it allowed for appropriate flexibility in the workplace.

In reaching its decision, the Commission examined the terms of the agreement in detail, assessing them against the statutory requirements. The Commission found that the agreement did provide for the minimum terms and conditions of employment, and that it did not contain any terms that would unduly restrict employees' rights. Furthermore, the Commission was satisfied that the agreement had been made in good faith and provided for sufficient flexibility in the workplace to meet the needs of both employers and employees. Based on these findings, the Commission approved the Enterprise Agreement 2019.

The Commission's approval of the agreement was contingent upon certain conditions being met, including the submission of regular reports to the Commission on the operation of the agreement. These conditions were designed to ensure that the agreement continued to meet the statutory requirements and to provide for fair and effective workplace relations.

Linde Material Handling 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