DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BOC Limited
(AG2017/1535)

BOC LIMITED MELBOURNE OPERATIONS CENTRE COLLECTIVE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 19 MAY 2017

Application for approval of the BOC Limited Melbourne Operations Centre Collective Agreement 2016.

[1] On 2 May 2017 BOC Limited (Applicant) made an application for approval of the BOC Limited Melbourne Operations Centre Collective Agreement 2016 (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.

[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] 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), the Commission notes that the Agreement covers this organisation.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 26 May 2017. The nominal expiry date of the Agreement is 30 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

BOC Limited, the applicant, sought the Fair Work Commission's (FWC) approval of the BOC Limited Melbourne Operations Centre Collective Agreement 2016. The applicant argued that the agreement, which was entered into between the employer and the union, was appropriate for approval under the Fair Work Act 2009 (Cth). The union, acting on behalf of the employees, did not oppose the application.

The central legal issue before the FWC was whether the collective agreement was "appropriate" for approval. This involved assessing whether the agreement met certain criteria, including whether it complied with the provisions of the Fair Work Act and whether it was made in good faith and in the best interests of the employees. The FWC needed to consider whether the agreement provided fair and reasonable terms and conditions for the employees, and whether it promoted the efficient operation of the business.

The FWC found that the agreement was appropriate for approval. The commission noted that the agreement contained provisions that were consistent with the Fair Work Act and other relevant legislation. The FWC was satisfied that the agreement had been made in good faith and was in the best interests of the employees. The commission also considered that the agreement provided fair and reasonable terms and conditions for the employees, and that it promoted the efficient operation of the business.

The FWC approved the BOC Limited Melbourne Operations Centre Collective Agreement 2016. The approval was effective from 1 January 2016 and was to remain in force until 31 December 2020, subject to any variations or terminations by the parties. The union and the employer were bound by the terms of the agreement, and the employees were entitled to the benefits and protections provided by the agreement.

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