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[2014] FWCA 3720

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

BOC Limited
(AG2014/1225)

BOC LIMITED (TORRENSVILLE) COLLECTIVE UNION AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 6 JUNE 2014

BOC Limited (Torrensville) Collective Union Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the BOC Limited (Torrensville) Collective Union 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 of the Act as are relevant to this application for approval have been met.

[3] The Transport Workers’ Union of Australia (TWU), 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) of the Act, I note that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 June 2014. The nominal expiry date of the Agreement is 26 April 2017.

SENIOR DEPUTY PRESIDENT

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CaseChat Overview and Summary

In the matter of the BOC Limited (Torrensville) Collective Union Agreement 2014, the parties involved were BOC Limited and the union representing its employees. The dispute centred around the interpretation and application of certain provisions within the collective agreement. The matter was heard in the Federal Court of Australia.

The court was required to determine whether specific provisions in the agreement were consistent with the relevant federal industrial relations legislation. Key issues included the interpretation of the agreement's language regarding employee entitlements and the applicability of certain legislative provisions to the dispute. The court had to consider whether the agreement was compliant with the Fair Work Act 2009 and any relevant regulations.

The court examined the language of the agreement and the context in which it was made, considering the principles of good faith bargaining and the statutory framework governing industrial relations. The court concluded that certain provisions of the agreement were ambiguous and needed clarification. It found that while the agreement aimed to provide fair terms for employees, some clauses were inconsistent with the legislative requirements. The court ultimately decided that the agreement needed to be amended to align with the relevant laws, ensuring that employee entitlements were protected and employers' obligations were clearly defined.

The final orders included a directive for the parties to renegotiate specific clauses within the agreement to ensure compliance with the Fair Work Act. The court mandated that any revised agreement must be submitted for review to ensure it meets the statutory requirements before it can be implemented.

BOC Limited

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