DECISION

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

Bureau Veritas Asset Integrity and Reliability Services (Australia) Pty Ltd
(AG2015/4085)

BUREAU VERITAS AMWU VICTORIAN ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 30 JULY 2015

Application for approval of the Bureau Veritas AMWU Victorian Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Bureau Veritas AMWU Victorian 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 Bureau Veritas Asset Integrity and Reliability Services (Australia) Pty Ltd. The agreement is a single enterprise agreement.

[2] 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 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement was approved on 30 July 2015 and, in accordance with s.54, will operate from 6 August 2015. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Bureau Veritas Asset Integrity and Reliability Services (Australia) Pty Ltd applied for approval of the Bureau Veritas AMWU Victorian Enterprise Agreement 2015. The application involved a dispute over whether the agreement complied with the relevant legislative requirements and whether it contained terms that were not genuinely bargained for. The case was heard by Deputy President A M Ryan. The primary legal issue was whether the enterprise agreement met the statutory requirements under the Fair Work Act 2009. This included assessing whether the agreement was genuinely negotiated and whether it contained unfair terms. The court also needed to determine if the agreement met the "better off overall test" and whether the terms were consistent with the Fair Work Act.

The Fair Work Commission considered the evidence presented by both parties and examined the negotiation process and the content of the agreement. Deputy President Ryan found that the agreement had been genuinely negotiated between the employer and the union, and it contained terms that were consistent with the legislative requirements. The commission held that the agreement met the better off overall test, meaning that the employees would be better off overall under the agreement than if they were covered by the relevant award. The court also found that the terms were not unfair and were consistent with the principles of the Fair Work Act. Consequently, the application for approval of the enterprise agreement was successful.

In conclusion, the Fair Work Commission approved the Bureau Veritas AMWU Victorian Enterprise Agreement 2015, finding it to be a genuine product of negotiation and compliant with the statutory requirements. The agreement was deemed to be consistent with the Fair Work Act and met the better off overall test. The final order was that the enterprise agreement be approved as of the date specified in the application.

Bureau Veritas Asset Integrity and Reliability Services (Australia) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established