Bureau Veritas Asset Integrity and Reliability Services Australia Pty Ltd

[2014] FWCA 2508

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bureau Veritas Asset Integrity and Reliability Services Australia Pty Ltd
(AG2014/711)

BUREAU VERITAS AND AMWU - ESSO OFFSHORE 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 Offshore 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 Offshore NDT Services Greenfields Agreement 2014 (the 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 clause 10 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

In the matter of Bureau Veritas Asset Integrity and Reliability Services Australia Pty Ltd, the applicant, and the Australian Manufacturing Workers' Union, the respondent, the Fair Work Commission (FWC) was called upon to approve an agreement between the parties, namely the Bureau Veritas and AMWU - Esso Offshore NDT Services Greenfields Agreement 2014. This agreement related to the terms and conditions of employment for non-destructive testing services provided to Esso Offshore. The nature of the dispute centred on whether the agreement was appropriate and fair for the employees covered by it, specifically regarding wages, conditions, and other employment terms.

The primary legal issues before the Commission were whether the agreement provided a safety net for employees, ensured fair wages, and complied with relevant legislative frameworks, particularly the Fair Work Act 2009. The Commission also considered whether the agreement appropriately balanced the interests of the employer and employees, ensuring that it did not disadvantage either party unduly.

The FWC examined the provisions of the agreement in detail, assessing whether it met the criteria for safety net coverage, including minimum wage rates, penalty rates, and other conditions of employment. The Commission found that the agreement did provide a safety net for employees, with terms that were not less favourable than the applicable awards and national employment standards. Additionally, the agreement was considered to appropriately balance the interests of both parties, providing certainty and predictability in the workplace while also allowing for flexibility in service delivery. Consequently, the FWC approved the agreement, noting its compliance with the relevant legislation and its fairness to both employer and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established