BOC Limited

[2022] FWCA 3001

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

BOC Limited

(AG2022/3461)

BOC Limited (Cylinder Maintenance Centre) Enterprise Agreement 2022

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 31 AUGUST 2022

Application for approval of the BOC Limited (Cylinder Maintenance Centre) Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the BOC Limited (Cylinder Maintenance Centre) 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.

I note that several clauses may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 3.2.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

The Australian 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 7 September 2022. The nominal expiry date of the Agreement is 31 May 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case of BOC Limited, the Fair Work Commission was tasked with approving an enterprise agreement proposed by BOC Limited for its employees working at the Cylinder Maintenance Centre. The dispute centred on whether the proposed agreement met the necessary standards under the Fair Work Act 2009, ensuring fair and reasonable terms for the employees involved.

The legal issues that the Commission had to address included whether the agreement provided for the employees' minimum entitlements, if it was free from any improper influence or coercion, and whether it adhered to the procedural requirements outlined in the Fair Work Act. The Commission also had to consider submissions from the parties involved, including BOC Limited and the union representing the employees.

The Fair Work Commission determined that the proposed agreement did indeed meet the requisite standards under the Act. The Commission found that the agreement provided for the employees' minimum entitlements, was free from any improper influence or coercion, and adhered to the necessary procedural requirements. Consequently, the Commission approved the BOC Limited (Cylinder Maintenance Centre) Enterprise Agreement 2022.

This decision confirms that the proposed enterprise agreement is valid and binding, providing a framework for the terms and conditions of employment for the employees at the Cylinder Maintenance Centre.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established