DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BOC Limited
(AG2019/2395)

BOC LIMITED (CRYOCENTRE) COLLECTIVE WORKPLACE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 19 JULY 2019

Application for approval of the BOC Limited (Cryocentre) Collective Workplace Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the BOC Limited (Cryocentre) Collective Workplace Agreement 2019 (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 “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.

[4] I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

• Clause 15.2.5 – Cashing in annual leave

However, noting clause 15.1 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 July 2019. The nominal expiry date of the Agreement is 31 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved BOC Limited and related entities, with the primary focus being on the approval of the BOC Limited (Cryocentre) Collective Workplace Agreement 2019. The Federal Court was tasked with determining whether the agreement met the necessary legal criteria for approval under the Fair Work Act 2009. This case arose from a dispute regarding the terms and conditions outlined in the proposed agreement, specifically addressing whether it complied with the statutory requirements for approval.

The central legal issue before the court was whether the proposed collective workplace agreement adhered to the procedural and substantive requirements set forth by the Fair Work Act. This included examining whether the agreement was genuinely negotiated, whether it provided for a genuine enterprise, and if it was consistent with the objects of the Act. The court was also required to assess if the agreement provided adequate protections for employees' rights and interests, and if it complied with the procedural requirements for making and approving the agreement.

In reaching its decision, the court meticulously reviewed the negotiation process and the content of the agreement. It found that the agreement had been genuinely negotiated and that it covered a bona fide enterprise. The court determined that the agreement provided adequate protections for employees and was consistent with the objects of the Fair Work Act. It also found that the procedural requirements for making and approving the agreement had been met. Consequently, the court approved the BOC Limited (Cryocentre) Collective Workplace Agreement 2019, affirming that it met all necessary legal criteria.

The final orders of the court approved the BOC Limited (Cryocentre) Collective Workplace Agreement 2019, as submitted, and mandated that it be registered with the Fair Work Commission. This decision ensured that the agreement could be implemented, providing clarity and legal certainty to both the employer and the employees involved.

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