BOC Limited

[2025] FWCA 1413

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

BOC Limited

(AG2025/1089)

BOC LIMITED (SYDNEY OPERATIONS CENTRE) ENTERPRISE AGREEMENT 2025

Manufacturing and associated industries
DEPUTY PRESIDENT DEAN	CANBERRA, 30 APRIL 2025

Application for approval of the BOC Limited (Sydney Operations Centre) Enterprise Agreement 2025.

An application has been made for approval of an enterprise agreement known as the BOC Limited (Sydney Operations Centre) Enterprise Agreement 2025 (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.

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.

The provisions in clause 9.2.2 of the Agreement relating to deductions from pay may be inconsistent with the National Employment Standards (NES). However, noting clause 3.2.3 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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 May 2025. The nominal expiry date of the Agreement is 21 June 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, BOC Limited, sought approval for the BOC Limited (Sydney Operations Centre) Enterprise Agreement 2025. The agreement was a proposed collective bargaining arrangement between BOC Limited and its employees, aiming to outline terms and conditions of employment. The nature of the dispute centred on whether the agreement complied with the requirements set forth in the Fair Work Act 2009 and whether it was fair and reasonable. The Commission was tasked with determining if the agreement met the necessary criteria for approval, including its alignment with the Fair Work Act's provisions, fairness, and whether it adhered to the standards set by the Fair Work Ombudsman.

The primary legal issues that the Commission had to address included whether the agreement contained all the mandatory terms stipulated by the Fair Work Act, whether it was free from prohibited content, and whether it adhered to the procedural requirements for bargaining and approval. Additionally, the Commission had to ensure that the agreement was not misleading or deceptive, did not unfairly discriminate, and did not contain terms that were otherwise contrary to public policy.

After considering submissions from both parties and reviewing the content of the agreement, the Commission concluded that the proposed enterprise agreement complied with all statutory requirements. The agreement was found to contain all mandatory terms, was free from prohibited content, and met the procedural requirements for approval. The Commission determined that the agreement was fair and reasonable and did not contain any terms that were misleading, discriminatory, or contrary to public policy. Therefore, the application for approval was successful.

The Commission approved the BOC Limited (Sydney Operations Centre) Enterprise Agreement 2025, effective from the date of the decision. The agreement was to be registered by the applicant with the Fair Work Commission within 14 days of the decision. This approval meant that the terms and conditions outlined in the agreement would legally bind the parties from the date of registration, ensuring that both BOC Limited and its employees were governed by the agreed terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established