DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BOC Limited
(AG2018/5855)

BOC LIMITED (PERTH OPERATIONS CENTRE CANNING VALE) ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 3 APRIL 2019

Application for approval of the BOC Limited (Perth Operations Centre Canning Vale) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the BOC Limited (Perth Operations Centre Canning Vale) Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (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.

[3] 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 186, 187, 188, and 190 as are relevant to this application for approval have been met.

[4] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Employer. No objection was raised.

[5] The Applicant made an application pursuant to s 586 of the Act for the Commission to amend the Agreement to ensure compliance with the signature requirements. In support of this application, the Applicant provided an amended signature page for the Agreement. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s 586. The amended signature page is included in the published Agreement.

[6] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing, and Allied Services Union of Australia (the organisation),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), and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[7] The Agreement was approved on 3 April 2019 and, in accordance with s 54, will operate from 10 April 2019. The nominal expiry date of the Agreement is 31 October 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

BOC Limited recently came before the Fair Work Commission in an application for approval of the BOC Limited (Perth Operations Centre Canning Vale) Enterprise Agreement 2018. The applicant, BOC Limited, sought to have the enterprise agreement approved under the Fair Work Act 2009. The respondent, the Australian Manufacturing Workers' Union, represented the employees covered by the agreement.

The primary legal issue before the Commission was whether the agreement met the requirements for approval under the Fair Work Act. Specifically, the Commission needed to determine if the agreement had been made in good faith, if it contained the necessary minimum terms and conditions, and if it complied with the relevant provisions of the Act. The Commission also considered whether the agreement had been appropriately negotiated and if it provided for the proper resolution of workplace disputes.

In its decision, the Commission found that the agreement had been made in good faith and contained all the necessary minimum terms and conditions. The Commission noted that the agreement had been negotiated between the parties and that the union had provided a certificate of genuine agreement. The Commission was satisfied that the agreement complied with the requirements of the Act and that it provided for the proper resolution of workplace disputes. Accordingly, the Commission approved the enterprise agreement. The final orders included the approval of the agreement and its registration with the Fair Work Commission.

BOC Limited

DECISION

CaseChat Overview and Summary

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Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established