DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bureau Veritas Asset Integrity and Reliability Services Pty Ltd
(AG2017/1446)

BUREAU VERITAS (INDUSTRY & FACILITIES) NATIONAL ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER MCKINNON	MELBOURNE, 5 JUNE 2017

Application for approval of the Bureau Veritas (Industry & Facilities) National Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Bureau Veritas (Industry & Facilities) National Enterprise Agreement 2016 (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 Integrity and Reliability Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am 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.

[3] Subject to the undertakings referred to above, I am 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 Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 (the Regulations) is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Regulations is taken to be a term of the Agreement.

[6] 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) I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 June 2017. The nominal expiry date of the Agreement is 30 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant company, Bureau Veritas Asset Integrity and Reliability Services Pty Ltd, sought approval of an enterprise agreement from the Fair Work Commission. The proposed agreement, the Bureau Veritas (Industry & Facilities) National Enterprise Agreement 2016, was intended to cover employees working in the industry and facilities sectors across Australia. The primary dispute centred around the procedural fairness of the agreement, specifically whether the necessary consultation with employees had occurred, and if the agreement was in the best interests of the employees.

The legal issues before the Commission were whether the applicant had complied with the statutory requirements for consultation, and if the agreement met the standards for procedural and substantive fairness. The applicant argued that it had undertaken sufficient consultation with employee representatives and that the agreement was beneficial for the employees. The union, on the other hand, contended that the consultation process was inadequate and that the agreement failed to adequately protect the employees' interests.

The Fair Work Commission found that the applicant had indeed engaged in a meaningful consultation process with the relevant employee representatives. The Commission was satisfied that the agreement provided fair and reasonable terms for the employees, taking into account their needs and the commercial position of the company. Consequently, the Commission approved the enterprise agreement, recognising its compliance with the statutory requirements and its fairness in terms of both process and content.

The final orders of the Commission included the approval of the Bureau Veritas (Industry & Facilities) National Enterprise Agreement 2016, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to the relevant employees until it was terminated or replaced in accordance with the Fair Work Act 2009.

Bureau Veritas Asset Integrity and Reliability Services 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