DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BOC Limited
(AG2015/7095)

BOC LIMITED (TOWNSVILLE OPERATIONS) ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 21 JANUARY 2016

Application for approval of the BOC Limited (Townsville Operations) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the BOC Limited (Townsville Operations) Enterprise Agreement 2016 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] The Agreement was approved on 21 January 2016 and, in accordance with s.54, will operate from 28 January 2016. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

BOC Limited sought approval of the BOC Limited (Townsville Operations) Enterprise Agreement 2016 from the Fair Work Commission. The dispute arose as the applicant and the employees' representative, the Australian Manufacturing Workers' Union, could not agree on the terms of the proposed agreement. The Commission was required to determine whether the agreement met the requirements of the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement provided for the proper protection of employees' rights and interests, and if it satisfied the "better off overall test." The Commission examined the terms of the agreement and the evidence presented by both parties to determine whether the agreement met the statutory requirements.

The Commission found that the agreement did provide for the proper protection of employees' rights and interests, and that it satisfied the "better off overall test." The Commission approved the agreement, noting that it provided for a fair and reasonable outcome for both the applicant and the employees. The Commission's decision was based on a careful consideration of the evidence and arguments presented by both parties.

The Fair Work Commission approved the BOC Limited (Townsville Operations) Enterprise Agreement 2016, finding that it met the requirements of the Fair Work Act 2009. The Commission's decision was based on a detailed examination of the agreement and the evidence presented by both parties. The Commission found that the agreement provided for the proper protection of employees' rights and interests, and that it satisfied the "better off overall test." The approval of the agreement ensures that the employees of BOC Limited in Townsville will continue to be covered by a fair and reasonable enterprise 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