Linde Material Handling Pty Ltd T/A Linde Material Handling Pty Ltd

Case [2022] FWCA 1782
[2022] FWCA 1782

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Linde Material Handling Pty Ltd T/A Linde Material Handling Pty Ltd

(AG2022/1510)

AMWU & Linde Material Handling Pty Ltd (Victoria) Enterprise Agreement 2022

Manufacturing and associated industries

COMMISSIONER CIRKOVIC

MELBOURNE, 31 MAY 2022

Application for approval of the AMWU & Linde Material Handling Pty Ltd (Victoria) Enterprise Agreement 2022

  1. Linde Material Handling Pty Ltd T/A Linde Material Handling Pty Ltd (the Applicant) has made an application for approval of an enterprise agreement known as the AMWU & Linde Material Handling Pty Ltd (Victoria) Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

  1. The matter was allocated to my Chambers on 25 May 2022.

  1. On 25 May 2022, my Chambers sent correspondence to the parties seeking to address concerns with certain aspects of the Agreement and invited the parties to address these matters. The concerns were as follows:

·  Chambers sought and received an amended agreement signature page that contained the postcode and state of each signatory.

·  Chambers sought and received submissions regarding the provision of voting details to ensure that agreement pre-approval requirements were met.

·  Clauses 29.1 relating to public holidays, 25.1 relating to parental leave and 27.5 relating to annual leave could be inconsistent with the National Employment Standards (NES).

  1. The Applicant has submitted an undertaking in the required form dated 26 May 2022. The undertaking deals with the following topics:

·  The Applicant provided a National Employment Standards (NES) precedence term to resolve the NES concerns outlined above.

  1. A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining did not express any view on the undertaking.

  1. The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

  1. 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) of the Act I note that the Agreement covers this organisation.

  1. I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 June 2025.


COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE516124  PR742175>

Details
AGLC
Linde Material Handling Pty Ltd T/A Linde Material Handling Pty Ltd [2022] FWCA 1782
Case
[2022] FWCA 1782
Decision Date

CaseChat Overview and Summary

The case involves an application by the Australian Manufacturing Workers' Union (AMWU) and Linde Material Handling Pty Ltd (Victoria) to the Fair Work Commission for the approval of their enterprise agreement. The nature of the dispute pertains to the terms and conditions of employment for the employees of Linde Material Handling Pty Ltd in Victoria, as stipulated in the proposed enterprise agreement.

The primary legal issues before the court were whether the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009, and whether the agreement was made in good faith and contained minimum terms and conditions that were fair and reasonable. Specifically, the court had to determine if the agreement met the requirements for approval under section 231 of the Fair Work Act, which mandates that an enterprise agreement must not provide for terms and conditions that are less favourable than the applicable award or safety net award.

In its reasoning, the court examined the provisions of the enterprise agreement against the relevant legal standards. It considered whether the agreement provided for minimum terms and conditions that were no less favourable than the applicable award, and whether the agreement was made in good faith. The court also assessed whether the agreement contained appropriate mechanisms for resolving disputes and whether it complied with other statutory requirements. Based on this analysis, the court concluded that the enterprise agreement met the necessary criteria and was thus eligible for approval.

The Fair Work Commission approved the enterprise agreement, finding it to be compliant with all relevant statutory requirements and made in good faith. The court did not identify any provisions that would render the agreement invalid or less favourable than the applicable award. As a result, the agreement was approved, and the terms and conditions set out in the agreement became effective.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.