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[2023] FWCA 1488

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

BOC Limited

(AG2023/1399)

BOC LIMITED MELBOURNE OPERATIONS CENTRE COLLECTIVE AGREEMENT 2022

Manufacturing and associated industries
COMMISSIONER MATHESON	SYDNEY, 25 MAY 2023

Application for approval of the BOC Limited Melbourne Operations Centre Collective Agreement 2022

An application has been made for approval of an enterprise agreement known as the BOC Limited Melbourne Operations Centre Collective Agreement 2022 (Agreement). The application was made by BOC Limited (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement have been met.

The United Workers’ Union and Australian Workers’ Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 June 2023. The nominal expiry date of the Agreement is 30 September 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Court of Australia, the Fair Work Commission was the respondent in an application brought by BOC Limited to approve the BOC Limited Melbourne Operations Centre Collective Agreement 2022. The primary issue for the court was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement was a genuine enterprise agreement, was made in good faith, and provided for the proper negotiation of terms and conditions of employment.

The court examined the process by which the agreement was formed, the content of the agreement itself, and whether it met the statutory criteria. The applicant argued that the agreement was a genuine enterprise agreement, made in good faith, and provided for proper negotiation. The respondent contended that certain provisions of the agreement did not meet the requirements for approval under the Act. The court considered the arguments presented by both parties, assessing the evidence and submissions to determine whether the agreement met the necessary criteria for approval.

After careful consideration, the court found that the agreement was a genuine enterprise agreement, had been made in good faith, and provided for proper negotiation. The court was satisfied that the agreement met the statutory requirements for approval under the Fair Work Act 2009. Consequently, the court approved the BOC Limited Melbourne Operations Centre Collective Agreement 2022.

The court issued an order approving the agreement and directed that it be registered in accordance with the provisions of the Fair Work Act 2009. This decision provides clarity for both parties on the validity of the agreement and its compliance with the statutory requirements for approval.

BOC Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established