BOC Limited

[2021] FWCA 3557

[2021] FWCA 3557

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BOC Limited
(AG2021/5460)

BOC LIMITED LUTANA (OPERATIONS) ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
DEPUTY PRESIDENT MANSINI	MELBOURNE, 29 JUNE 2021

Application for approval of the BOC Limited Lutana (Operations) Enterprise Agreement 2021.

[1] BOC Limited has applied for approval of a single enterprise agreement known as the BOC Limited Lutana (Operations) Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] BOC Limited sought to correct a typographical error in the original application, by filing an amended statutory declaration. In the circumstances, I am satisfied that this amendment should be allowed and that it is appropriate to do so pursuant to s.586 of the Act.

[3] Since the application was made, the Commission raised concerns about whether the Agreement passes the better off overall test. Further information was provided in relation to these concerns.

[4] On a global assessment, and taking into account the identified benefits and detriments, I am satisfied that the Agreement passes the “better off overall” test in accordance with s.186(2)(d).

[5] On the basis of the material contained in the application and related materials, 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.

[6] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.

[7] The Agreement was approved on 29 June 2021 and, in accordance with s.54, will operate from 6 July 2021. The nominal expiry date of the Agreement is 31 March 2025.

DEPUTY PRESIDENT

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