BOC Limited Summary | CaseChat AU

[2014] FWCA 4501

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BOC Limited
(AG2014/1579)

BOC LIMITED (ROCKLEA OPERATIONS) UNION COLLECTIVE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 8 JULY 2014

Application for approval of the BOC Limited (Rocklea Operations) Union Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the BOC Limited (Rocklea Operations) Union Collective Agreement 2014 (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.

[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 is approved and, in accordance with s.54, will operate from 15 July 2014. The nominal expiry date of the Agreement is 30 April 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved BOC Limited and the Australian Manufacturing Workers' Union. The dispute centred around the approval of the BOC Limited (Rocklea Operations) Union Collective Agreement 2014. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issue was whether the collective agreement complied with the provisions of the Act, particularly concerning the avoidance of redundancy and the implementation of measures to secure employment. The application also raised questions about the fairness and reasonableness of the agreement, given the context of potential redundancies at BOC Limited’s Rocklea operations.

The Commission examined the evidence presented by both parties and considered the statutory requirements for approval. It found that the agreement did not sufficiently address the avoidance of redundancy and the protection of employees from unfair dismissal. Additionally, the Commission highlighted the absence of measures to secure employment and the need for a more comprehensive approach to protect the workforce. Based on these findings, the application for approval was dismissed. The Commission concluded that the agreement did not meet the necessary standards to ensure fair and reasonable terms for the employees.

The Fair Work Commission ordered that the application for approval of the BOC Limited (Rocklea Operations) Union Collective Agreement 2014 be dismissed. The Commission directed the parties to negotiate further to address the identified shortcomings and to ensure that the agreement complies with the requirements of the Fair Work Act 2009.

BOC Limited

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