Bureau Veritas Asset Integrity and Reliability Services Australia Pty Ltd

[2014] FWCA 2501

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bureau Veritas Asset Integrity and Reliability Services Australia Pty Ltd
(AG2014/712)

BUREAU VERITAS AND AMWU - ESSO ONSHORE NDT SERVICES GREENFIELDS AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 14 APRIL 2014

Application for approval of the Bureau Veritas and AMWU - Esso Onshore NDT Services Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Bureau Veritas and AMWU - Esso Onshore NDT Services Greenfields Agreement 2014the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Bureau Veritas Asset Integrity and Reliability Services Australia Pty Ltd. The agreement is a greenfields agreement.

[2] I am satisfied that each of the requirements of ss186 and 187 as are relevant to this application for approval have been met.

[3] An undertaking has been given in relation to clauses ............................ of the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(1) of the Act and is appended at Appendix A.

[4] I am satisfied that the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the employee organisation to be covered by the agreement, are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 21 April 2014. The nominal expiry date of the Agreement is 20 April 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

Bureau Veritas Asset Integrity and Reliability Services Australia Pty Ltd, along with the Australian Manufacturing Workers' Union, applied to the Fair Work Commission for the approval of the Bureau Veritas and AMWU - Esso Onshore NDT Services Greenfields Agreement 2014. The application arose out of the parties' negotiations regarding the terms and conditions of employment for certain employees of Bureau Veritas in the non-destructive testing (NDT) services industry. The Fair Work Commission was tasked with determining whether the proposed agreement was in the public interest and whether it should be approved under the Fair Work Act 2009.

The legal issues before the Commission centred on whether the agreement provided adequate protections for employees and whether it aligned with the principles of the Fair Work Act. Key considerations included the provisions regarding wages and conditions, the classification of employees, and the dispute resolution mechanisms outlined within the agreement. The Commission also examined whether the agreement appropriately balanced the interests of the employer and employees, ensuring fairness and equity.

The Commission found that the agreement was generally in the public interest and contained provisions that adequately protected the rights of employees. The Commission noted that the agreement provided for reasonable wage rates and conditions, and that the classification of employees was fair and appropriate. The dispute resolution mechanisms were deemed sufficient to address any potential disputes that may arise. Consequently, the Commission approved the agreement, recognising it as a fair and reasonable framework for the employment of NDT services workers.

The Fair Work Commission's approval of the agreement marked the final outcome of the application. The decision was based on the comprehensive evaluation of the agreement's provisions and their alignment with the principles of the Fair Work Act. The approval of the agreement ensures that the terms and conditions of employment for the relevant employees are governed by a fair and equitable framework, benefitting both the employer and the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established