BOC Limited

[2013] FWCA 4067

FAIR WORK COMMISSION

DECISION

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

BOC Limited
(AG2013/1482)

BOC LIMITED NSW TONNAGE OPERATIONS EMPLOYEES ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER CARGILL	SYDNEY, 26 JUNE 2013

Application for approval of the BOC Limited NSW Tonnage Operations Employees Enterprise Agreement 2013.

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

[2] I am satisfied that each of the requirements of ss186, 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) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, each being a bargaining representative for the Agreement, have 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 each organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 3 July 2013. The nominal expiry date is 10 May 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved BOC Limited, a corporation engaged in the supply and distribution of industrial and medical gases, and the Australian Manufacturing Workers' Union (AMWU). The AMWU sought approval of the BOC Limited NSW Tonnage Operations Employees Enterprise Agreement 2013. The dispute was heard in the Fair Work Commission, Australia's industrial relations tribunal.

The primary legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009, specifically sections concerning the scope of bargaining, coverage of employees, and the fair and reasonable content of the agreement. The Commission needed to determine if the agreement covered all relevant employees, whether it was fairly and reasonably negotiated, and if it adhered to the mandated process for enterprise agreements.

The Commission examined the bargaining process, the coverage of employees, and the terms of the agreement. It found that the agreement was appropriately negotiated and included all relevant employees. The Commission concluded that the agreement was fair and reasonable, meeting all legislative requirements. Therefore, the Commission approved the BOC Limited NSW Tonnage Operations Employees Enterprise Agreement 2013.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established