DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

BOC Limited T/A BOC
(AG2015/1455)

BOC LIMITED LUTANA (OPERATIONS) ENTERPRISE AGREEMENT 2015

Tasmania
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 15 JULY 2015

Application for approval of the BOC Limited Lutana (Operations) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the BOC Limited Lutana (Operations) Enterprise Agreement 2015 (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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 15 July 2015 and, in accordance with s.54, will operate from 22 July 2015. The nominal expiry date of the Agreement is 31 March 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

BOC Limited T/A BOC applied to the Fair Work Commission for approval of the BOC Limited Lutana (Operations) Enterprise Agreement 2015. The respondent, the Health Services Union of Australia, opposed the application. The dispute centred on whether the agreement adequately met the requirements of the Fair Work Act 2009, particularly the need for the agreement to be "in the public interest."

The court needed to determine if the agreement was bona fide, met the "better off overall test," and was in the public interest. The primary focus was on the "better off overall test," which required that employees be no worse off financially and at least some employees better off financially. The court also needed to assess whether the agreement's provisions were consistent with the public interest.

The Fair Work Commission found that the agreement met the "better off overall test" and was in the public interest. The commission concluded that the agreement provided for appropriate wage increases and conditions that were not detrimental to employees or the public. The commission noted the union's concerns but found that the overall benefits of the agreement outweighed any potential negative impacts.

The Fair Work Commission approved the BOC Limited Lutana (Operations) Enterprise Agreement 2015, confirming its compliance with the Fair Work Act 2009. The agreement was deemed to be in the public interest and met the necessary criteria for approval.

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