DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Linde Material Handling Pty Ltd
(AG2016/5982)

LINDE MATERIAL HANDLING PTY. LTD. (NSW) AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 21 NOVEMBER 2016

Application for approval of the Linde Material Handling Pty. Ltd. (NSW) Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Linde Material Handling Pty. Ltd. (NSW) Agreement 2016 (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 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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 28 November 2016. The nominal expiry date of the Agreement is 31 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the matter of an application for approval of the Linde Material Handling Pty Ltd (NSW) Agreement 2016 was brought before Commissioner McCabe, Deputy President Gibson, and Member O’Callaghan. The applicant, Linde Material Handling Pty Ltd, sought approval of the agreement which was negotiated with certain trade unions representing its employees. The unions involved were the Transport, Information and Electrical Union, the National Union of Workers, the Shop, Distributive and Allied Employees’ Association, and the Australian Manufacturing Workers’ Union.

The central legal issue before the Commission was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. This included whether the agreement had been made in good faith and whether it provided for the terms and conditions of employment that were fair and reasonable. The Commission had to consider the submissions from both the applicant and the unions, and evaluate the provisions of the agreement against the legal standards set out in the Act.

The Commission carefully reviewed the submissions and the terms of the agreement. It noted that the agreement had been negotiated in good faith and that the parties had engaged in a genuine bargaining process. The Commission also found that the agreement contained terms that were fair and reasonable, taking into account the interests of both the employer and the employees. The Commission was satisfied that the agreement complied with all necessary statutory requirements, and therefore approved the application. Consequently, the Linde Material Handling Pty Ltd (NSW) Agreement 2016 was formally approved.

The Commission's decision concluded that the agreement was in accordance with the relevant provisions of the Fair Work Act, and thus granted the application for approval. This decision ensures that the agreed terms will be applicable to the employees covered by the agreement, providing them with a clear understanding of their employment conditions.

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