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[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:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter in BOC Limited concerned an application for the approval of the BOC Limited Lutana (Operations) Enterprise Agreement 2013. This application was brought before the Fair Work Commission. The applicant, BOC Limited, sought approval for the proposed enterprise agreement which was intended to govern the employment terms and conditions of its employees in the Lutana operations.

The central legal issue before the Commission was whether the proposed agreement met the criteria set out in the Fair Work Act 2009 for the approval of an enterprise agreement. Specifically, the Commission had to determine whether the agreement provided for a fair and efficient system of classification and remuneration, and whether it included appropriate mechanisms for dispute resolution and flexibility. Additionally, the Commission considered whether the agreement was made in good faith and whether it provided adequate protections for employees.

The Fair Work Commission carefully examined the proposed agreement and found it to be compliant with the statutory requirements. The Commission noted that the agreement provided for a clear and efficient system of classification and remuneration, as well as appropriate mechanisms for dispute resolution. The Commission also found that the agreement was made in good faith and provided adequate protections for employees, including provisions for consultation and participation. Based on these findings, the Commission approved the BOC Limited Lutana (Operations) Enterprise Agreement 2013.

The Commission's decision concluded that the proposed agreement met the necessary criteria for approval under the Fair Work Act. Consequently, the Commission approved the agreement, which would now govern the employment terms and conditions for the employees in the Lutana operations of BOC Limited.

BOC Limited

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