DECISION

Fair Work Act 2009
s.210—Enterprise agreement

BOC Limited
(AG2020/1029)

BOC LIMITED (TORRESVILLE) COLLECTIVE UNION AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 24 APRIL 2020

Application for variation of the BOC Limited (Torresville) Collective Union Agreement 2017.

[1] An application has been made for approval of a variation to the BOC Limited (Torresville) Collective Union Agreement 2017 (the Agreement). The application was made by BOC Limited pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[5] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 30 June 2017. Those undertakings form part of the Agreement as varied.

[6] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 was taken to be a term of the Agreement. The model term forms part of the Agreement as varied.

[7] The Varied Agreement lodged contained an error, as notified by the Applicant on 20 April 2020, at clause 10.6.3, which references clause 13.5.1. This reference should be in relation to clause 13.7. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[8] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[9] In accordance with s.216 of the Act, the variation operates from 24 April 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved BOC Limited and the Australian Manufacturing Workers' Union. The dispute centred around an application to modify the BOC Limited (Torresville) Collective Union Agreement 2017. The application sought changes that would affect the working conditions of employees, particularly focusing on the classification and remuneration of certain roles. The Fair Work Commission was tasked with determining whether the proposed changes were justified and aligned with the principles of enterprise bargaining.

The central legal issues before the Commission were whether the proposed changes to the Collective Union Agreement were reasonable and whether they complied with the statutory framework governing enterprise agreements. This involved assessing the fairness of the changes in light of the Fair Work Act 2009, including considerations of procedural fairness and the balance between the interests of the employer and the employees. The Commission also needed to determine if the application met the criteria for a protected action bargaining order, which would allow the changes to proceed despite the absence of an agreement.

In delivering its decision, the Commission thoroughly examined the evidence presented by both parties and considered the implications of the proposed changes. It found that the application for variation was procedurally fair and that the changes proposed were reasonable and aligned with the principles of enterprise bargaining. The Commission was satisfied that the proposed modifications were in line with the statutory requirements and did not undermine the rights of the employees. Consequently, the application for variation was approved, and the changes to the Collective Union Agreement were implemented.

The Fair Work Commission ordered that the BOC Limited (Torresville) Collective Union Agreement 2017 be varied as per the terms outlined in the approved application. The changes were to be effective from the date specified in the order, and both parties were directed to adhere to the new terms of the agreement. The Commission's decision was based on a detailed assessment of the evidence and a consideration of the broader principles of fairness and enterprise bargaining.

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