| [2017] FWCA 5117 |
| FAIR WORK COMMISSION |
| decision |
Fair Work Act 2009
s.185—Enterprise agreement
Bureau Veritas Asset Integrity and Reliability Services (Australia) Pty Ltd
(AG2017/3139)
Bureau Veritas & AMWU Victorian Enterprise Agreement 2017
| Manufacturing and associated industries | |
| Commissioner Johns | SYDNEY, 4 OCTOBER 2017 |
Application for approval of the Bureau Veritas & AMWU Victorian Enterprise Agreement 2017.
On 27 July 2017, Bureau Veritas Asset Integrity and Reliability Services (Australia) Pty Ltd (Applicant) made an application for approval of the Bureau Veritas & AMWU Victorian Enterprise Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.
The Agreement was lodged within 14 days after it was made.
The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. In any case, the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) has indicated its acceptance of the undertakings.
Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.
The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 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), the Commission notes that the Agreement covers this organisation.
The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 11 October 2017. The nominal expiry date of the Agreement is 30 June 2020.
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Annexure A
- AGLC
- Bureau Veritas Asset Integrity and Reliability Services (Australia) Pty Ltd [2017] FWCA 5117
- Case
- [2017] FWCA 5117
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Commission was whether the enterprise agreement complied with the requirements set forth in the Fair Work Act 2009. This included assessing whether the agreement met the genuine bargaining test, ensuring it did not adversely affect employees' safety, health, or welfare, and confirming it was free from any illegality or unfairness.
In its decision, the Commission examined the evidence presented regarding the bargaining process, the terms and conditions of the agreement, and the impact on employees. The Commission found that the agreement was the product of genuine bargaining efforts and did not contain any provisions that would adversely affect the health, safety, or welfare of employees. Furthermore, the Commission determined that the agreement did not contravene any legal requirements and was fair in its terms. Consequently, the Commission approved the enterprise agreement, affirming its compliance with the statutory requirements.
As a result of the Commission's approval, the Bureau Veritas & AMWU Victorian Enterprise Agreement 2017 was ratified and became legally binding between the parties. This decision ensured that the agreement would govern the employment conditions for the specified period, subject to any further amendments or variations in accordance with the Fair Work Act.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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