DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BOC Limited
(AG2018/533)

BOC LIMITED (TOWNSVILLE OPERATIONS) ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 1 JUNE 2018

Application for approval of the BOC Limited (Townsville Operations) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the BOC Limited (Townsville Operations) 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 Applicant 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] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 June 2018. The nominal expiry date of the Agreement is 31 December 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application before the Fair Work Commission concerns the approval of the BOC Limited (Townsville Operations) Enterprise Agreement 2018. The applicant, BOC Limited, sought the approval of the agreement which was negotiated between the company and its employees represented by the Australian Manufacturing Workers’ Union. The dispute centred on whether the agreement complied with the statutory requirements for enterprise agreements under the Fair Work Act 2009.

The primary legal issues the court had to address were whether the agreement met the "better off overall test" and whether it contained all the mandatory terms required by the Fair Work Act. The court also considered whether the agreement was made in good faith and if the necessary procedural fairness was observed during its negotiation. The focus was on ensuring the agreement did not disadvantage employees and provided fair terms of employment.

The Fair Work Commission found that the agreement satisfied all the statutory requirements. It determined that the agreement was beneficial to the employees under the better off overall test and included all mandatory terms. The court also concluded that the agreement was made in good faith and that the negotiation process was fair. Consequently, the application for approval was granted.

The Fair Work Commission approved the BOC Limited (Townsville Operations) Enterprise Agreement 2018. The decision confirmed the agreement as compliant with the Fair Work Act and authorised its implementation. This approval ensures that the terms and conditions outlined in the agreement are legally binding for the parties 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