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[2025] FWCA 302

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

BOC Limited

(AG2024/5289)

BOC LIMITED (PERTH OPERATIONS CENTRE CANNING VALE)

ENTERPRISE AGREEMENT 2025

Manufacturing and associated industries
COMMISSIONER DURHAM	BRISBANE, 24 JANUARY 2025

Application for approval of the BOC Limited (Perth Operations Centre Canning Vale)Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the BOC Limited (Perth Operations Centre Canning Vale) Enterprise Agreement 2025 (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 Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia – Electrical Division, Western Australian Branch (ETU) lodged a Form F18 statutory declaration giving 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 the Agreement covers the ETU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 14 February 2028.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

BOC Limited sought approval of an enterprise agreement affecting employees at its Perth Operations Centre in Canning Vale. The application was made under section 187 of the Fair Work Act 2009. The Federal Court was tasked with determining whether the agreement met the criteria for approval, including ensuring it provided for fair and reasonable terms and conditions of employment.

The central legal issue was whether the agreement met the requirements set forth in section 187 of the Fair Work Act. The court needed to examine if the agreement was fair and reasonable, and if it provided for terms and conditions of employment that were no less favourable than the applicable award or registered agreement. The court also considered if the agreement complied with any other relevant provisions of the Act.

In examining the agreement, the court considered various aspects, including the bargaining process, the terms and conditions set out in the agreement, and the compliance with statutory minimum standards. The court found that the agreement provided for terms and conditions that were fair and reasonable, and that it met all statutory requirements. The agreement was approved as it provided for no less favourable terms and conditions than the applicable award or any registered agreement, and it complied with the provisions of the Fair Work Act.

The court ordered the approval of the BOC Limited (Perth Operations Centre Canning Vale) Enterprise Agreement 2025. The agreement was to be registered with the Fair Work Commission, and it would come into effect on the date of registration. This decision confirmed that the agreement was fair and reasonable, and it provided for terms and conditions that were compliant with the Fair Work Act.

BOC Limited

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