Application for approval of the Air Liquide Australia Henderson Site Enterprise Agreement 2024

[1] An application has been made for approval of an enterprise agreement known as the Air Liquide Australia Henderson Site Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Air Liquide Australia Limited (the Applicant). The Agreement is a single enterprise agreement.

[2] I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement does not contain a model consultation term compliant with the Act. Pursuant to section 205(2) of the Act, the model consultation term prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement.

[4] The Agreement does not contain a delegates' rights term compliant with the Act. Pursuant to s.205A(2) of the Act, the workplace delegates' rights term prescribed by the Manufacturing and Associated Industries and Occupation Award 2020 is taken to be a term of the Agreement.

[5] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Notification terms - at clause 4.13.

• Compassionate leave - at clause 10.

• Notice - at clause 4.11.

[6] Noting clause 3.5 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

[7] The Australian Workers' Union (AWU) lodged a Form F18 statutory declaration giving 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 the Agreement covers the AWU.

[8] The Agreement is approved and will operate in accordance with s.54 of the Act.

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