Linde Material Handling Pty Ltd

[2013] FWCA 5315

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Linde Material Handling Pty Ltd
(AG2013/936)

LINDE MATERIAL HANDLING PTY. LTD. (NSW) AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 2 AUGUST 2013

Application for approval of the Linde Material Handling Pty. Ltd. (NSW) Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Linde Material Handling Pty. Ltd. (NSW) Agreement 2013 (the Agreement). The application was made pursuant to s185 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 Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Automotive, Food, Metals, Engineering, Printing, and Kindred Industries Union, being bargaining representatives for the Agreement, have given notice under s183 of the Act that it wants the Agreement to cover it. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] On 2 August 2013 an undertaking was provided which is annexed to this decision and marked “Annexure A”.

[6] The Agreement is approved and, in accordance with s54 of the Act, will operate from 9 August 2013. The nominal expiry date of the Agreement is 31 March 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of the application for approval of the Linde Material Handling Pty Ltd (NSW) Agreement 2013, the parties involved were Linde Material Handling Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union. The dispute centred around the approval of an enterprise agreement under the Fair Work Act 2009. The application was brought before the Fair Work Commission, which was tasked with determining whether the agreement met the necessary requirements for approval.

The central legal issues the Commission needed to address were whether the agreement complied with the provisions of the Fair Work Act, particularly in terms of ensuring that it facilitated the improvement of workplace relations. This involved scrutinising the agreement to ensure that it did not undermine the rights of employees and that it was negotiated in good faith. Additionally, the Commission had to consider whether the agreement met the "better off overall test," ensuring that the overall conditions for employees were not worsened by the agreement.

In its reasoning, the Commission examined the provisions of the agreement and the process by which it was negotiated. It considered evidence from both parties and evaluated the agreement against statutory criteria. The Commission concluded that the agreement was appropriately negotiated and met the requirements of the Fair Work Act. It found that the agreement did not adversely affect the rights of employees and satisfied the better off overall test. As such, the Commission approved the Linde Material Handling Pty Ltd (NSW) Agreement 2013.

The final orders of the Commission were to approve the agreement, ensuring that it would come into effect as per the terms specified. This decision provided clarity and certainty for both the employer and the employees, allowing the agreement to be implemented effectively.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established