DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BOC Limited
(AG2015/1313)

BOC LIMITED (CYLINDER MAINTENANCE CENTRE) ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 25 JUNE 2015

Application for approval of the BOC Limited (Cylinder Maintenance Centre) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the
BOC Limited (Cylinder Maintenance Centre) Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by BOC Limited. The agreement is a single enterprise agreement.

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

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Australian Workers’ Union, being bargaining representatives for the Agreement, have given notice under s183 of the Act that it wants the Agreement to cover it. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 2 July 2015. The nominal expiry date of the Agreement is 31 May 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

BOC Limited applied to the Fair Work Commission for approval of the BOC Limited (Cylinder Maintenance Centre) Enterprise Agreement 2015. The application was opposed by the Australian Manufacturing Workers' Union and a number of employees. The dispute centred around the terms of the proposed enterprise agreement, particularly those relating to employee entitlements and conditions of employment.

The Fair Work Commission had to determine whether the proposed agreement met the legal requirements for an enterprise agreement under the Fair Work Act 2009. This included assessing whether the agreement provided for a minimum rate of pay, included provisions for termination of employment, and whether it had been made in good faith and without coercion. Additionally, the court had to consider whether the agreement provided for fair and reasonable terms and conditions, and if it had been properly negotiated.

In its decision, the Fair Work Commission found that the proposed agreement did meet the legal requirements for an enterprise agreement. The court held that the agreement provided for a minimum rate of pay, included provisions for termination of employment, and had been made in good faith and without coercion. The court also found that the agreement provided for fair and reasonable terms and conditions, and had been properly negotiated. As a result, the application for approval of the proposed agreement was successful.

The Fair Work Commission approved the BOC Limited (Cylinder Maintenance Centre) Enterprise Agreement 2015, subject to certain conditions and modifications. The agreement was approved as a single interest enterprise agreement and will apply to employees of BOC Limited who are members of the Australian Manufacturing Workers' Union. The approved agreement will now form the basis of the employment conditions for the affected employees.

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