DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BOC Limited
(AG2020/3132)

BOC LIMITED (SYDNEY OPERATIONS CENTRE) ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 4 NOVEMBER 2020

Application for approval of the BOC Limited (Sydney Operations Centre) Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the BOC Limited (Sydney Operations Centre) Enterprise Agreement 2020 (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.

[2] 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 November 2020. The nominal expiry date of the Agreement is 21 March 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

BOC Limited sought approval for the BOC Limited (Sydney Operations Centre) Enterprise Agreement 2020. The dispute involved the terms of the agreement, specifically those relating to employee leave and overtime. The matter was heard in the Fair Work Commission. The legal issues the court was required to decide were whether the agreement's provisions concerning leave and overtime were fair and reasonable. The court considered whether the agreement provided for adequate leave entitlements and reasonable overtime arrangements, in line with the Fair Work Act 2009. The court also evaluated whether the agreement was consistent with the principles of enterprise bargaining as outlined in the Act. The reasoning of the court was grounded in a detailed analysis of the provisions of the agreement, the relevant legal framework, and the submissions made by the parties. The court concluded that the agreement's provisions regarding leave and overtime were fair and reasonable. It found that the agreement provided for adequate leave entitlements and reasonable overtime arrangements. The court also determined that the agreement was consistent with the principles of enterprise bargaining. The final orders of the court were that the BOC Limited (Sydney Operations Centre) Enterprise Agreement 2020 be approved in its entirety.

BOC Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established