BOC Limited

[2013] FWCA 8029

[2013] FWCA 8029

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BOC Limited
(AG2013/2310)

BOC LIMITED LUTANA (OPERATIONS) ENTERPRISE AGREEMENT 2013

Tasmania
COMMISSIONER LEE	MELBOURNE, 14 OCTOBER 2013

Application for approval of the BOC Limited Lutana (Operations) Enterprise Agreement 2013.

[1] An application has been made for approval of a single-enterprise agreement known as the BOC Limited Lutana (Operations) Enterprise Agreement 2013 (the Agreement). The application was made by BOC Limited pursuant to s.185 of the Fair Work Act 2009 (the Act).

[1] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[2] The Applicant has provided a written undertaking. A copy of the undertaking given is attached to this decision at Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

[3] The undertaking now forms part of the Agreement and a copy will be kept on the file. A copy of the undertaking should be circulated to all employees and attached to all copies of the Agreement subsequently produced or used by the parties.

[4] Subject to the undertaking referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[5]

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) of the Act, I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 October 2013. The nominal expiry date of the Agreement is 31 March 2015.

COMMISSIONER

Annexure A:

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