Application by BOC Limited
Citation: [2026] FWCA 1962
What happened
BOC Limited applied to have its 'BOC Limited (Cylinder Maintenance Centre) Enterprise Agreement 2026' approved. The agreement would apply to employees covered by the Manufacturing and Associated Industries and Occupations Award 2020 in the oil and gas industry. Concerns were raised regarding inconsistencies with the National Employment Standards (NES), including potential deductions from employee entitlements, termination procedures, and public holiday provisions. Issues also arose concerning whether employees would be better off overall compared to the Award, particularly relating to annualised salaries, overtime rates, time off in lieu (TOIL) accrual, and hourly rates for part-time employees.
What was decided
The Fair Work Commission approved the BOC Limited Enterprise Agreement 2026. The Commission identified inconsistencies with the NES and concerns about whether employees would be better off overall compared to the Award. However, BOC Limited provided undertakings to address these issues, which the Commission deemed sufficient. These undertakings are now legally binding terms of the agreement. The Australian Workers’ Union (AWU) is covered by the agreement. It will operate from August 4, 2026, and expire on September 30, 2029.
What it means for employers
Employers seeking to implement enterprise agreements must carefully consider their consistency with the National Employment Standards (NES). They should also address concerns about whether employees are better off overall compared to existing awards. Providing written undertakings can help mitigate potential issues and secure approval for an agreement, but these undertakings become legally binding.
What it means for employees
Employees covered by the approved enterprise agreement should be aware of any changes to their working conditions or entitlements. They should review the undertakings provided by BOC Limited to understand how concerns raised during the approval process have been addressed. The AWU is covered by this agreement.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →