BOC Limited

[2023] FWCA 184

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

BOC Limited

(AG2022/5550)

BOC LIMITED (GAS & GEAR – VICTORIA) ENTERPRISE AGREEMENT 2022

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 19 JANUARY 2023

Application for approval of the BOC Limited (Gas & Gear – Victoria) Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the BOC Limited (Gas & Gear – Victoria) Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by BOC Limited. The Agreement is a single enterprise agreement.

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 United Workers Union, 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 January 2023. The nominal expiry date of the Agreement is 31 July 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter of BOC Limited (Gas & Gear – Victoria) Enterprise Agreement 2022 was before the Fair Work Commission. The application sought approval of the proposed agreement, which was the outcome of negotiations between BOC Limited and the United Voice union. The union represented the employees of BOC Limited in Victoria who were engaged under various awards and agreements. The dispute centred on the terms and conditions of employment for these employees, as outlined in the proposed agreement.

The central legal issues revolved around whether the proposed agreement met the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine whether the agreement was "better off overall" for the employees, whether it contained appropriate provisions for genuine agreement, and whether it complied with the provisions of the Fair Work Act. Additionally, the Commission needed to consider whether the agreement was free from prohibited content, such as terms that would undermine the operation of the national workplace relations system.

The Fair Work Commission, after thorough examination of the submissions and evidence, found that the proposed agreement met all the necessary criteria. The Commission was satisfied that the agreement provided employees with improved terms and conditions compared to their previous arrangements, thereby fulfilling the "better off overall" test. The Commission also determined that the agreement contained appropriate provisions for genuine agreement and did not contain any prohibited content. Consequently, the Commission approved the BOC Limited (Gas & Gear – Victoria) Enterprise Agreement 2022.

The Fair Work Commission's final orders were that the proposed agreement be approved and registered under the Fair Work Act 2009. The agreement was to take effect from the date of registration, and the relevant parties were directed to comply with its terms. The decision marked a significant step in the ongoing negotiations between BOC Limited and the United Voice union, setting a new benchmark for employment conditions within the company's operations in Victoria.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established