BOC Limited

[2018] FWCA 6811

[2018] FWCA 6811

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BOC Limited
(AG2018/2983)

BOC LIMITED (CYLINDER MAINTENANCE CENTRE) ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 7 NOVEMBER 2018

Application for approval of the BOC Limited (Cylinder Maintenance Centre) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the BOC Limited (Cylinder Maintenance Centre) Enterprise Agreement 2018 (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.

[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 observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  clause 15.2 – abandonment of employment; and

•  clause 7.2 – ordinary hours

However, noting clause 3.2.2 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 Australian Workers’ Union 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 14 November 2018. The nominal expiry date of the Agreement is 31 May 2022.

COMMISSIONER

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Annexure A