BOC Limited [2025] FWCA 2351 (16 July 2025)

[1] An application has been made for approval of an enterprise agreement known as the BOC Limited (Cryocentre) Collective Workplace Agreement 2025 (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] I note that the following provisions may be inconsistent with the National Employment Standards:

• Clause 15.2.5(b)(ii) - Annual leave

• Clause 11.3.6 - Redundancy

[3] However, noting clause 3.2.3 of the Agreement, I am satisfied the more beneficial entitlements of the National Employment Standards will prevail where there is an inconsistency with the Agreement.

[4] I am satisfied that each of the requirements of sections 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

[5] 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 section 183 of the Act that it wants the Agreement to cover it. I therefore note the Agreement covers the organisation under section 201(2) of the Act.

[6] The Agreement is approved today 16 July 2025. It will operate from 23 July 2025 as required by section 54 of the Act. The nominal expiry date is 31 March 2028.

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