BOC Limited T/A BOC

[2020] FWCA 1960

[2020] FWCA 1960

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BOC Limited T/A BOC
(AG2020/836)

BOC LIMITED MELBOURNE OPERATIONS CENTRE COLLECTIVE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 17 APRIL 2020

Application for approval of the BOC Limited Melbourne Operations Centre Collective Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the BOC Limited Melbourne Operations Centre Collective Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by BOC Limited T/A BOC (the Applicant). The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] Pursuant to s.586 of the Act, clause 39 of the Agreement is corrected so it reads:

“39. Accident Pay

Where an employee is receiving workers compensation benefits under WorkCover, the Company shall provide make up pay to 100% of the annualised salary for up to 52 weeks.”

[4] The correction to clause 39 is made at the request of Samantha Ritter, Human Resources Business Partner of the Applicant. Ms Ritter advised the Fair Work Commission of the error in a letter dated 20 March 2020 where she stated that the proposed correction was ‘on the basis that the Agreement does not reflect the terms of clause 39 of the Agreement which were agreed and explained to employees.’

[5] The United Workers’ Union 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) 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 24 April 2020. The nominal expiry date of the Agreement is 30 September 2022.

COMMISSIONER

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