BOC Limited [2025] FWCA 1413 (30 April 2025)

[1] An application has been made for approval of an enterprise agreement known as the BOC Limited (Sydney Operations Centre) Enterprise Agreement 2025 (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. The Agreement is a single enterprise agreement.

[2] 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.

[3] The provisions in clause 9.2.2 of the Agreement relating to deductions from pay may be inconsistent with the National Employment Standards (NES). However, noting clause 3.2.3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The Australian 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 May 2025. The nominal expiry date of the Agreement is 21 June 2027.

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