DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BOC Limited
(AG2017/5023)

BOC LIMITED (SYDNEY OPERATIONS CENTRE) ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER SAUNDERS	NEWCASTLE, 13 NOVEMBER 2017

Application for approval of the BOC Limited (Sydney Operations Centre) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the BOC Limited (Sydney Operations Centre) Enterprise Agreement 2017 (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 (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 November 2017. The nominal expiry date of the Agreement is 30 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

BOC Limited, an entity involved in the production and distribution of industrial gases, applied to the Fair Work Commission for approval of the BOC Limited (Sydney Operations Centre) Enterprise Agreement 2017. The dispute involved the terms and conditions of employment for the employees working at the Sydney Operations Centre, particularly focusing on the classification and remuneration of certain roles. The case was heard in the Fair Work Commission, the federal workplace relations tribunal in Australia.

The primary legal issues the court had to address included whether the agreement met the requirements for approval under the Fair Work Act 2009 and whether the terms of the agreement were fair and reasonable. This involved scrutiny of the classification of roles, the pay rates, and the overall fairness of the agreement in light of the employees' rights and the employer's business needs.

The Fair Work Commission found that the agreement met the necessary criteria for approval. The court considered that the agreement provided for a fair and reasonable method of determining the terms and conditions of employment, taking into account the nature of the work and the business of the employer. The court also noted that the agreement addressed the classification and remuneration issues in a manner that was fair and reasonable, providing adequate protections and benefits to the employees. The application for approval was thus approved.

The final orders of the Fair Work Commission were that the BOC Limited (Sydney Operations Centre) Enterprise Agreement 2017 be approved, effective from the date of the decision. This decision affirmed the agreement as a legally binding contract between BOC Limited and its employees at the Sydney Operations Centre, setting the terms and conditions of employment for the specified period.

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