DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BOC Limited T/A BOC
(AG2016/7935)

BOC LIMITED (CES) AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 16 MARCH 2017

Application for approval of the BOC Limited (CES) Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the BOC Limited (CES) Agreement 2016 (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 T/A BOC. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and The 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) I note that the Agreement covers the organisations.

[5] The Agreement was approved on 16 March 2017 and, in accordance with s.54, will operate from 23 March 2017. The nominal expiry date of the Agreement is 15 November 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by BOC Limited, trading as BOC, for approval of the BOC Limited (CES) Agreement 2016. The application arose under section 234 of the Fair Work Act 2009, with the Commission exercising its powers under section 235 of the same Act. The dispute centred on the terms and conditions of employment for the employees covered by the agreement, including issues such as wages, hours of work, and other employment-related matters.

The primary legal issue the Commission had to address was whether the agreement met the criteria for approval as set out in the Fair Work Act. Specifically, the Commission needed to determine if the agreement provided for a fair and reasonable outcome for the employees, and if it complied with the relevant provisions of the Act. The Commission also had to consider whether the agreement had been made in good faith and if it was appropriate for the employees it covered.

In delivering its decision, the Commission examined the submissions made by both BOC and the relevant union, as well as the evidence provided. The Commission found that the agreement provided for a fair and reasonable outcome for the employees, and that it complied with the relevant provisions of the Fair Work Act. The Commission also concluded that the agreement had been made in good faith and was appropriate for the employees it covered. Based on these findings, the Commission approved the agreement.

The final orders of the Commission were that the BOC Limited (CES) Agreement 2016 be approved, and that the approval be registered with the Fair Work Commission. The orders also provided for the agreement to come into effect on a specified date, and for the agreement to be binding on the parties for the duration of its term.

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