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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, BOC Limited trading as BOC, applied for approval of the BOC Limited Melbourne Operations Centre Collective Agreement 2019. This application was made under section 235 of the Fair Work Act 2009. The dispute centred on the terms and conditions of employment for the workforce at the Melbourne Operations Centre, encompassing issues such as pay rates, leave entitlements, and various workplace arrangements. The Commission was tasked with determining whether the proposed agreement met the legal requirements and was in the best interests of the employees.

The primary legal issues revolved around whether the agreement complied with the provisions of the Fair Work Act, specifically sections concerning the protection of employees' rights, and whether it represented a genuine bargain between the employer and the employees. The Commission had to assess the fairness of the agreement, ensuring it did not undermine the fundamental rights of employees and that it was reached through a genuine process of bargaining. Additionally, the Commission examined whether the agreement contained appropriate dispute resolution mechanisms and whether it provided clarity and certainty in the employment relationship.

The Commission found that the agreement met the legal requirements and was in the best interests of the employees. The agreement was deemed to be a genuine bargain as it reflected the input of both parties and provided for fair terms and conditions of employment. The Commission was satisfied that the agreement did not undermine the fundamental rights of employees and included adequate dispute resolution mechanisms. The Commission approved the BOC Limited Melbourne Operations Centre Collective Agreement 2019, effective from 1 May 2019.

BOC Limited T/A BOC

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established