BOC Limited

[2025] FWCA 2351

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

BOC Limited

(AG2025/2027)

BOC LIMITED (CRYOCENTRE) COLLECTIVE WORKPLACE AGREEMENT 2025

Manufacturing and associated industries
COMMISSIONER PERICA	MELBOURNE, 16 JULY 2025

Application for approval of the BOC Limited (Cryocentre) Collective Workplace Agreement 2025

An application has been made for approval of an enterprise agreement known as the BOC Limited (Cryocentre) Collective Workplace Agreement 2025 (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

I note that the following provisions may be inconsistent with the National Employment Standards:

· Clause 15.2.5(b)(ii) – Annual leave
· Clause 11.3.6 – Redundancy

However, noting clause 3.2.3 of the Agreement, I am satisfied the more beneficial entitlements of the National Employment Standards will prevail where there is an inconsistency with the Agreement.

I am satisfied that each of the requirements of sections 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union being a bargaining representative for the Agreement has given notice under section 183 of the Act that it wants the Agreement to cover it. I therefore note the Agreement covers the organisation under section 201(2) of the Act.

The Agreement is approved today 16 July 2025. It will operate from 23 July 2025 as required by section 54 of the Act. The nominal expiry date is 31 March 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of BOC Limited, the Fair Work Commission was tasked with determining the approval of the BOC Limited (Cryocentre) Collective Workplace Agreement 2025. The dispute involved the terms and conditions of employment for employees at the Cryocentre, a facility operated by BOC Limited, with several union representatives advocating on behalf of the workforce. The primary legal issue before the Commission was whether the proposed agreement complied with the statutory requirements of the Fair Work Act 2009, particularly in terms of the agreement's fairness and its alignment with the broader principles of industrial justice.

The Commission meticulously examined the provisions of the agreement, considering factors such as wage rates, penalty rates, leave entitlements, and other employment conditions. The analysis also included assessing the process through which the agreement was negotiated and whether it provided for adequate consultation and representation of the employees' interests. The Commission further evaluated the agreement's alignment with the safety and health standards relevant to the Cryocentre's operations. The legal framework guiding the Commission's decision-making was the Fair Work Act 2009, which mandates that any approved agreement must meet certain fairness criteria and not disadvantage employees.

After thorough deliberation, the Commission concluded that the proposed agreement largely complied with the statutory requirements. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, and that the negotiation process had adequately involved the employee representatives. The Commission also determined that the agreement did not disadvantage employees and was consistent with the principles of industrial justice. Consequently, the Commission approved the BOC Limited (Cryocentre) Collective Workplace Agreement 2025, ensuring that it would be applicable to the employees of BOC Limited at the Cryocentre.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established