BOC Limited T/A BOC Summary

[2022] FWCA 1347

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

BOC Limited T/A BOC

(AG2022/768)

BOC Limited (Perth Operations Centre Canning Vale) Enterprise Agreement 2022

Manufacturing and associated industries
COMMISSIONER WILLIAMS	PERTH, 19 APRIL 2022

Application for the approval of the BOC Limited (Perth Operations Centre Canning Vale) Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the BOC Limited (Perth Operations Centre Canning Value) Enterprise Agreement 2022 (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.

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 is approved and, in accordance with s.54 of the Act, will operate from 26 April 2022 The nominal expiry date of the Agreement is 14 February 2025.

Printed by authority of the Commonwealth Government Printer

The application before the Fair Work Commission was brought by BOC Limited, trading as BOC, seeking approval for the BOC Limited (Perth Operations Centre Canning Vale) Enterprise Agreement 2022. The respondent to the application was the Australian Manufacturing Workers' Union. The dispute centred around the provisions of the proposed agreement, which sought to alter various terms and conditions of employment for the employees at the Perth Operations Centre Canning Vale, including matters such as hours of work, pay rates, leave entitlements, and other employment-related conditions. The Fair Work Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009 for approval and registration.

The legal issues before the Commission included whether the agreement provided for terms and conditions that were no less favourable than the relevant national workplace determination, and whether it contained the mandatory provisions prescribed by the Fair Work Act. Additionally, the Commission had to consider whether the agreement was made in good faith and whether proper procedures were followed in its negotiation and execution. The Commission also examined whether the agreement addressed the specific needs of the workforce at the Perth Operations Centre Canning Vale and whether it facilitated a productive workplace.

In reaching its decision, the Commission thoroughly reviewed the provisions of the agreement, comparing them against the Fair Work Act and relevant national workplace determinations. The Commission found that the proposed agreement did indeed provide for terms and conditions that were no less favourable than the applicable national workplace determination, and it contained all the mandatory provisions required by the Act. Furthermore, the Commission was satisfied that the agreement had been made in good faith and that the necessary procedures had been followed. The Commission concluded that the agreement was fair and appropriate, taking into account the specific circumstances and needs of the employees at the Perth Operations Centre Canning Vale.

Consequently, the Fair Work Commission approved the BOC Limited (Perth Operations Centre Canning Vale) Enterprise Agreement 2022. The agreement was registered, effective from the date of the Commission's decision, and it will govern the employment terms and conditions for the employees at the Perth Operations Centre Canning Vale. The Commission's decision was based on its finding that the agreement met all statutory requirements and was fair and reasonable in all respects.

BOC Limited T/A BOC

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established