DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BOC Limited
(AG2019/5066)

BOC LIMITED (TOWNSVILLE OPERATIONS) ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 11 FEBRUARY 2020

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

[1] An application has been made for approval of an enterprise agreement known as the BOC Limited (Townsville Operations) 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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

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

[4] I note that clause 15.1 is inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 4 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] 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 that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 February 2020. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved BOC Limited, a gas supplier, and the Australian Manufacturing Workers' Union. The union sought approval of an enterprise agreement which was to govern the terms of employment for certain employees in BOC's Townsville operations. The dispute centred on whether the agreement met the statutory requirements under the Fair Work Act 2009, including that it did not disadvantage employees unjustifiably and provided for minimum terms. The Fair Work Commission was tasked with determining if the agreement complied with these legal standards.

The primary legal issues before the Commission were whether the proposed agreement provided for the minimum entitlements as required by section 235 of the Act, and whether it contained terms that were not adverse to the employees' interests in contravention of section 231. The Commission had to examine the contents of the agreement to ensure it did not unfairly disadvantage employees, and that it met the minimum standards prescribed by the Act. Additionally, the Commission needed to ensure that the agreement did not include terms that were outside the scope of the Act's provisions.

The Fair Work Commission found that the proposed enterprise agreement was compliant with the statutory requirements of the Fair Work Act. The agreement provided for the minimum terms of employment and did not contain any provisions that were contrary to the interests of the employees. The Commission noted that the agreement was fair and balanced, taking into account the interests of both the employer and the employees. The Commission approved the agreement on the basis that it met the necessary legislative criteria.

As a result of the Commission's approval, the BOC Limited (Townsville Operations) Enterprise Agreement 2020 is now legally binding. This decision ensures that the terms of employment for the relevant employees are governed by the agreed-upon provisions, providing certainty and stability in the workplace.

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