DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Linde Material Handling Pty Ltd
(AG2019/2549)

LINDE MATERIAL HANDLING PTY. LTD. (NSW) AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT BULL	SYDNEY, 9 AUGUST 2019

Application for approval of the Linde Material Handling Pty. Ltd. (NSW) Agreement 2019.

[1] An application (Form F16) has been filed by Linde Material Handling Pty Ltd(the applicant) for the approval of an enterprise agreement known as the Linde Material Handling Pty. Ltd. (NSW) Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement as per s.172(2) of the Act.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries 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) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval. The nominal expiry date of the Agreement is 31 March 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by the Fair Work Commission (FWC) for the approval of an industrial agreement between Linde Material Handling Pty Ltd (the employer) and its employees, as represented by the Australian Manufacturing Workers' Union (the union). The matter was heard in the Full Bench of the Fair Work Commission. The agreement in question, the Linde Material Handling Pty. Ltd. (NSW) Agreement 2019, aimed to regulate various terms and conditions of employment for the employees within the specified enterprise.

The central legal issue was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the FWC needed to determine if the agreement provided for fair and reasonable terms and conditions of employment, and if it complied with the procedural requirements for making and approving such agreements. The parties also contested certain provisions within the agreement, arguing whether they were fair and reasonable and if they aligned with the legislative standards.

The Full Bench of the FWC thoroughly examined the provisions of the agreement and the submissions from both the employer and the union. The Commission considered the fairness of the terms, the procedural correctness of the agreement's making, and the alignment with the legislative framework. Ultimately, the FWC found that the agreement did provide for fair and reasonable terms and conditions of employment, and that it complied with the necessary procedural requirements. The Commission approved the agreement, acknowledging the careful consideration and negotiation process undertaken by the parties.

The final orders of the Commission were that the Linde Material Handling Pty. Ltd. (NSW) Agreement 2019 be approved in its entirety, effective from the date of the decision. The agreement was thus certified and would apply to the relevant employees and the employer for the specified period.

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