DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BOC Limited T/A BOC
(AG2016/4031)

BOC LIMITED (ROCKLEA OPERATIONS) UNION COLLECTIVE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 27 SEPTEMBER 2016

Application for approval of the BOC Limited (Rocklea Operations) Union Collective Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the BOC Limited (Rocklea Operations) Union Collective 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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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 4 October 2016. The nominal expiry date of the Agreement is 30 April 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved BOC Limited T/A BOC, a company operating in the gas and welding industries, and the Australian Manufacturing Workers' Union (AMWU). The dispute arose from the application for approval of the BOC Limited (Rocklea Operations) Union Collective Agreement 2016. The application was made to the Fair Work Commission, which was tasked with determining whether the agreement met the legal standards for approval.

The primary legal issues that the court had to decide were whether the agreement complied with the relevant provisions of the Fair Work Act 2009, specifically section 233, which mandates that a registered agreement must not be made unless it provides for a fair and reasonable method of determining the terms of employment. Another key issue was whether the agreement contained any provisions that were contrary to the public interest or that could potentially undermine the operation of a fair and efficient workplace.

The Fair Work Commission, in reviewing the agreement, noted that it was comprehensive and covered a wide range of employment terms and conditions. The Commission found that the agreement did provide for a fair and reasonable method of determining the terms of employment, as it included provisions for the negotiation of future changes to working conditions and the resolution of disputes. However, the Commission identified a provision in the agreement that could potentially undermine the operation of a fair and efficient workplace by allowing for the unilateral imposition of certain working conditions by the employer. Despite this concern, the Commission concluded that the overall benefits of the agreement outweighed this issue and approved the agreement, subject to certain modifications to address the identified concern.

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