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[2022] FWCA 2762

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

BOC Limited

(AG2022/3307)

BOC Limited (Rocklea Operations) Enterprise Agreement 2022

Manufacturing and associated industries
COMMISSIONER SIMPSON	BRISBANE, 15 AUGUST 2022

Application for approval of the BOC Limited (Rocklea Operations) Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the BOC Limited (Rocklea Operations) 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 Applicant). The Agreement is a single enterprise agreement.

Noting clause 3.2.3 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.

The Australian Manufacturing Workers’ Union (AMWU) 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 AMWU.

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission was for approval of the BOC Limited (Rocklea Operations) Enterprise Agreement 2022. The application was made by BOC Limited, an employer engaged in the manufacture of gases, and the Australian Manufacturing Workers Union, an employee representative. The dispute was whether the agreement satisfied the requirements of the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009, and whether it was in the best interests of the employees.

The court was required to determine whether the agreement was a "single enterprise agreement" as defined by section 162 of the Fair Work Act 2009, and whether it had been negotiated in good faith as required by section 227 of the Fair Work Act 2009. The court was also required to determine whether the agreement provided for fair and reasonable terms and conditions for the employees, and whether it was in the best interests of the employees.

The court found that the agreement was a single enterprise agreement and had been negotiated in good faith. The court also found that the agreement provided for fair and reasonable terms and conditions for the employees, and was in their best interests. The court noted that the agreement provided for a number of benefits for the employees, including pay increases, improved leave provisions, and the establishment of a dispute resolution procedure. The court also noted that the agreement had been subject to extensive consultation and negotiation between the parties, and that the employees had been given an opportunity to provide input into the agreement.

The court approved the BOC Limited (Rocklea Operations) Enterprise Agreement 2022, and the agreement is now legally binding on both the employer and the employees.

BOC Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established