DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BOC Limited
(AG2015/5170)

BOC LIMITED (PERTH OPERATIONS CENTRE CANNING VALE) ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 19 OCTOBER 2015

Application for approval of the BOC Limited (Perth Operations Centre Canning Vale) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the BOC Limited (Perth Operations Centre Canning Vale) Enterprise Agreement 2015 (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] 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.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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.

[5] The Agreement was approved on 19 October 2015 and, in accordance with s.54, will operate from 26 October 2015. The nominal expiry date of the Agreement is 31 August 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

BOC Limited recently sought approval for the BOC Limited (Perth Operations Centre Canning Vale) Enterprise Agreement 2015. The Fair Work Commission was tasked with determining the application for approval. The dispute arose as BOC Limited wished to have the agreement recognised under the Fair Work Act 2009, which governs employment conditions in Australia. The legal issues before the Commission involved whether the agreement complied with the requirements set forth in the Act and whether it was made in good faith and without coercion.

The Commission considered the procedural fairness of the agreement's creation, the scope of its coverage, and its alignment with the overarching principles of the Act. BOC Limited argued that the agreement was the result of genuine negotiations and met all statutory requirements. The Commission examined the evidence provided, including the negotiation process, the participation of employees, and the fairness of the terms. After careful deliberation, the Commission determined that the agreement was made in accordance with the legal standards and was not unfair. The Commission found that the agreement was made in good faith and without any element of coercion, and it met all necessary criteria for approval under the Fair Work Act.

Consequently, the Commission approved the BOC Limited (Perth Operations Centre Canning Vale) Enterprise Agreement 2015. The approval ensures that the agreement will govern the employment conditions of the employees at the Perth Operations Centre Canning Vale, providing them with the terms and conditions outlined in the agreement. This decision reinforces the importance of adhering to the legal framework when negotiating and approving enterprise agreements to ensure fair and lawful employment practices.

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