Bureau Veritas Asset Integrity and Reliability Services Pty Ltd

[2014] FWCA 809

FAIR WORK COMMISSION

DECISION

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

Bureau Veritas Asset Integrity and Reliability Services Pty Ltd
(AG2013/12822)

BUREAU VERITAS ASSET INTEGRITY AND RELIABILITY SERVICES PTY LTD ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 3 FEBRUARY 2014

Application for approval of the Bureau Veritas Asset Integrity and Reliability Services Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Bureau Veritas Asset Integrity and Reliability Services Pty Ltd Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Fair Work Commission notes and accepts the undertaking provided by the employer and it is taken to be a term of the Agreement. A copy of the undertaking is attached to this decision as Annexure A.

[4] 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. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 10 February 2014. The nominal expiry date of the Agreement is 30 September 2016.

DEPUTY PRESIDENT

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bureau Veritas Asset Integrity and Reliability Services Pty Ltd, an Australian company, applied for approval of the Bureau Veritas Asset Integrity and Reliability Services Pty Ltd Enterprise Agreement 2013. The application was before the Fair Work Commission. The dispute involved the terms and conditions of employment for employees covered by the proposed enterprise agreement. The legal issues before the Fair Work Commission centred on whether the enterprise agreement met the statutory requirements under the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement provided for the safety, welfare, and terms and conditions of employment of the employees fairly, and whether it complied with the good faith bargaining requirements.

The Fair Work Commission considered the arguments presented by both parties, including the nature of the bargaining process and the content of the agreement. The Commission examined whether the agreement covered all the mandatory topics required by the Fair Work Act, such as minimum rates of pay, penalty rates, and maximum weekly hours. The Commission also assessed whether the agreement provided for procedural fairness and the avoidance of unnecessary work disruptions. After thorough consideration, the Fair Work Commission found that the enterprise agreement did meet the statutory requirements and was fair and reasonable in all respects. The agreement was approved, ensuring that it would govern the terms and conditions of employment for the relevant employees.

The Fair Work Commission's decision was grounded in the comprehensive evaluation of the agreement's provisions and the bargaining process. The Commission concluded that the enterprise agreement was compliant with the Fair Work Act and that it provided for the fair and reasonable terms and conditions of employment for the employees. The approval of the agreement marked the resolution of the application, allowing the enterprise agreement to take effect as a binding document between the employer and the employees. This decision provided certainty and clarity regarding the employment conditions for the employees of Bureau Veritas Asset Integrity and Reliability Services Pty Ltd.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established