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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the BOC Limited applied for the approval of the BOC Limited (Cylinder Maintenance Centre) Enterprise Agreement 2018. The application was made by the employer, BOC Limited, seeking the Commission's approval of the agreement which was intended to govern the terms and conditions of employment for workers in the Cylinder Maintenance Centre. The dispute centred around the fairness and compliance of the agreement with the relevant industrial laws.

The primary legal issues before the Commission were whether the agreement met the procedural and substantive requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was made in accordance with the provisions of the Act, including whether it was made without the influence of prohibited conduct and whether it provided for fair terms and conditions. Additionally, the Commission assessed if the agreement was genuinely negotiated and whether it satisfied the public interest test.

The Commission found that the agreement was procedurally sound, as it was made in good faith and without any coercion or undue influence. The substantive provisions of the agreement were also examined, with the Commission concluding that the terms and conditions were fair and reasonable. The Commission determined that the agreement met the criteria for approval, as it did not disadvantage employees and was consistent with the broader objectives of the Fair Work Act. The Commission approved the BOC Limited (Cylinder Maintenance Centre) Enterprise Agreement 2018, affirming its compliance with the relevant legal standards.

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