BOC Limited

[2013] FWCA 8146

FAIR WORK COMMISSION

DECISION

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

BOC Limited
(AG2013/9774)

BOC LIMITED (KWINANA) COLLECTIVE AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 18 OCTOBER 2013

Application for approval of the BOC Limited (Kwinana) Collective Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the BOC Limited (Kwinana) Collective Agreement 2013 (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 25 October 2013. The nominal expiry date of the Agreement is 30 June 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

BOC Limited (the applicant) sought approval of the BOC Limited (Kwinana) Collective Agreement 2013 (the Agreement) from the Fair Work Commission (the Commission). The Fair Work (Registered Organisations) Amendment Act 2013 required the Commission to approve agreements if it was satisfied that the agreement was in the interests of employees. The Australian Manufacturing Workers’ Union (the Union) opposed the application, arguing that the Agreement did not meet the requirements of the Act.

The Commission considered whether the Agreement provided for employees to be paid wages that were at least equal to the relevant award rate and whether it contained provisions that were reasonably necessary to facilitate the efficient and effective operation of the employer’s business. The applicant argued that the Agreement provided for employees to be paid wages at or above the relevant award rate and contained provisions that were necessary for the efficient and effective operation of the employer’s business. The Union argued that the Agreement did not provide for employees to be paid wages at or above the relevant award rate and contained provisions that were not necessary for the efficient and effective operation of the employer’s business.

The Commission found that the Agreement provided for employees to be paid wages at or above the relevant award rate and contained provisions that were reasonably necessary for the efficient and effective operation of the employer’s business. The Commission approved the Agreement, finding that it was in the interests of employees.

The Commission made an order approving the BOC Limited (Kwinana) Collective Agreement 2013.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established