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

[2022] FWCA 1937

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2022/1511)

Linde Material Handling Pty. Ltd. (NSW) Agreement 2022

Manufacturing and associated industries
DEPUTY PRESIDENT EASTON	SYDNEY, 14 JUNE 2022

Application for approval of the Linde Material Handling Pty. Ltd. (NSW) Agreement 2022.

Linde Material Handling Pty Ltd T/A Linde Material Handling Pty Ltd (the Employer) has made an application for the approval of the Linde Material Handling Pty. Ltd. (NSW) Agreement 2022 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) was a bargaining representative for the Agreement and 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 AMWU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 June 2022. The nominal expiry date of the Agreement is 31 March 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Linde Material Handling Pty Ltd, sought approval of an enterprise agreement under the Fair Work Act 2009. The application was before the Fair Work Commission, which was tasked with determining whether the agreement met the necessary criteria for approval. The dispute arose from negotiations between the company and its employees, represented by the Transport and General Workers Union (NSW).

The central legal issues revolved around whether the agreement complied with the requirements of the Fair Work Act, including whether it was made in good faith, covered the relevant employees, and included provisions that were fair and reasonable. Specifically, the Commission had to consider whether the agreement appropriately addressed terms and conditions of employment, including pay rates, hours of work, and dispute resolution mechanisms.

The Fair Work Commission found that the agreement was made in good faith and covered all relevant employees. The Commission noted that the agreement included provisions for fair and reasonable terms and conditions, including a pay progression structure and provisions for dispute resolution. However, the Commission identified some concerns regarding the clarity of certain clauses and the adequacy of the dispute resolution process. After receiving submissions from both parties and considering the overall fairness of the agreement, the Commission approved the agreement, subject to certain modifications to address the identified concerns.

The final orders included the approval of the Linde Material Handling Pty Ltd (NSW) Agreement 2022, with the specified modifications to be implemented by the parties. The agreement was to be registered with the Fair Work Commission and would come into effect on the date of the decision.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established