DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BOC Limited
(AG2017/2255)

BOC LIMITED (TORRENSVILLE) COLLECTIVE UNION AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER JOHNS	MELBOURNE, 30 JUNE 2017

Application for approval of the BOC Limited (Torrensville) Collective Union Agreement 2017.

[1] On 15 June 2017 BOC Limited (Applicant) made an application for approval of the BOC Limited (Torrensville) Collective Union Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Transport Workers’ Union have indicated their acceptance of the undertakings.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Transport Workers Union, being a bargaining representatives for the Agreement, have given notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2), the Commission notes that the Agreement covers these organisations.

[7] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 7 July 2017. The nominal expiry date of the Agreement is 26 April 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In this matter, BOC Limited sought approval for the BOC Limited (Torrensville) Collective Union Agreement 2017. The dispute arose under the Fair Work Act 2009, where the primary issue was whether the agreement met the necessary criteria for approval under the legislation. The court was tasked with assessing whether the agreement was in the best interests of the employees and whether it complied with the requirements set forth in the Act.

The legal issues before the court included whether the agreement was made without undue influence or coercion, whether it was made in good faith, and whether it provided for fair and reasonable terms for the employees. Additionally, the court had to determine if the agreement appropriately balanced the interests of the employer and the employees, ensuring that it did not unfairly disadvantage any party.

The court found that the agreement was made without undue influence, in good faith, and provided fair and reasonable terms for the employees. It concluded that the agreement appropriately balanced the interests of both parties and did not unfairly disadvantage any party. Therefore, the court approved the BOC Limited (Torrensville) Collective Union Agreement 2017. The court's decision was grounded in a comprehensive analysis of the agreement's provisions and the principles set forth in the Fair Work Act 2009. The final order was that the agreement be approved and registered under the Act.

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