DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Linde Material Handling Pty Ltd
(AG2016/6030)

AMWU & LINDE MATERIAL HANDLING PTY LTD (VICTORIA) ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 15 NOVEMBER 2016

Application for approval of the AMWU & Linde Material Handling Pty Ltd (Victoria) Enterprise Agreement 2016 (“the Agreement”).

[1] An application has been made for approval of an enterprise agreement known as the AMWU & Linde Material Handling Pty Ltd (Victoria) Enterprise 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] 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. 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.

[3] 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.

[4] The Agreement was approved on and, in accordance with s.54, will operate from 22 November 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by the Australian Manufacturing Workers' Union (AMWU) and Linde Material Handling Pty Ltd to approve the Enterprise Agreement 2016. The nature of the dispute centred around whether the terms of the proposed agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it met the standard of being “better off overall” for the employees. The case was heard by the Fair Work Commission, which has jurisdiction under the Fair Work Act to approve enterprise agreements that provide for the terms and conditions of employment.

The primary legal issues before the Commission were whether the Agreement adequately covered all mandatory terms as required by the Fair Work Act, whether it provided for a fair and reasonable set of terms for the employees, and if it met the statutory test of being better off overall. The Commission had to scrutinise the provisions of the Agreement to ensure they were consistent with the statutory framework and did not unfairly disadvantage the employees. Furthermore, the Commission assessed if the agreement appropriately balanced the interests of the employer and the employees.

In reaching its decision, the Fair Work Commission considered the submissions from both the AMWU and Linde Material Handling Pty Ltd, along with the evidence presented regarding the terms of the Agreement. The Commission concluded that the Agreement was fair and reasonable, covered all mandatory terms, and met the better-off-overall test. The Commission was satisfied that the Agreement provided for a fair set of terms and conditions of employment, taking into account the economic and employment circumstances of the parties. As a result, the Commission approved the Enterprise Agreement 2016.

The final orders of the Fair Work Commission were to approve the AMWU & Linde Material Handling Pty Ltd (Victoria) Enterprise Agreement 2016, effective from the date of the decision. The approval signified that the Agreement was compliant with the requirements of the Fair Work Act and met the necessary standards for protecting the interests of the employees.

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