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[2022] FWCA 2192

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

BOC Limited

(AG2022/1931)

BOC Limited (Sydney Operations Centre) Enterprise Agreement 2022

Oil and gas industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 30 JUNE 2022

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

An application has been made for approval of an enterprise agreement to be known as the BOC Limited (Sydney Operations Centre) Enterprise Agreement 2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by BOC Limited (Employer). The Agreement is a single enterprise agreement.

Undertakings

The Employer has provided written undertakings dated 25 June 2022. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Manufacturing and Associated Industries and Occupations Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Coverage of employee organisation(s)

The Australian Workers’ Union (AWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Conclusion

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 July 2022. The nominal expiry date of the Agreement is 21 March 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, BOC Limited, sought approval for the BOC Limited (Sydney Operations Centre) Enterprise Agreement 2022. This application was made to the Fair Work Commission, which has the authority to approve enterprise agreements under the Fair Work Act 2009. The dispute primarily revolved around the terms and conditions proposed within the agreement and their compliance with statutory requirements and fair work principles.

The legal issues before the court included whether the proposed agreement met the procedural requirements set out in the Fair Work Act, whether it contained the necessary "safety net" provisions, and whether it complied with other relevant legal standards. The court had to ensure that the agreement provided for minimum wages and conditions, maintained certain entitlements, and was not contrary to public policy.

In its reasoning, the Fair Work Commission examined the agreement's compliance with statutory requirements and assessed its fairness in light of the Fair Work Act's objectives. The court found that the agreement was procedurally sound, included all mandatory safety net provisions, and did not contravene any legal standards. The agreement was therefore approved as it met all the necessary criteria for fairness and compliance with the Act.

The final orders of the Fair Work Commission were to approve the BOC Limited (Sydney Operations Centre) Enterprise Agreement 2022, subject to the conditions and provisions outlined within the agreement. The court's decision was based on a thorough review of the agreement's contents and its alignment with the legislative framework governing enterprise agreements in Australia.

BOC Limited

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Orders of the court

Background to the litigation

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