Bureau Veritas Asset Integrity & Reliability Services Pty Ltd

[2024] FWCA 3825

[2024] FWCA 3825

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Bureau Veritas Asset Integrity & Reliability Services Pty Ltd

(AG2024/3542)

BUREAU VERITAS (AIRS) NATIONAL ENTERPRISE AGREEMENT 2024

Test Industry
COMMISSIONER ALLISON	MELBOURNE, 6 NOVEMBER 2024

Application for approval of the Bureau Veritas (AIRS) National Enterprise Agreement 2024

1. Bureau Veritas Asset Integrity & Reliability Services Pty Ltd (the Employer) has made an application, pursuant to s.185 of the Fair Work Act 2009 (the Act), for approval of a single enterprise agreement known as the Bureau Veritas (AIRS) National Enterprise Agreement 2024 (the Agreement).

1. 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.

1. Clause 12.12 of the Agreement contained missing punctuation marks. The Employer has provided an updated copy of the Agreement which corrected this error. I am satisfied that this constituted an obvious error, defect, or irregularity and I will amend the Agreement accordingly pursuant to s.218A of the Act.

1. The Notice of Employee Representational Rights (NERR) was not issued to all employees within 14 days of the notification time of 11 August 2024, as required by s.173(3) of the Act. I am satisfied that this was a minor procedural or technical error and that the employees were not likely to have been disadvantaged by it. Accordingly, I exercise the discretion conferred by s.188(5) of the Act to disregard this error.

1. The Agreement did not contain a delegates’ rights term, as required by s.205A(1) of the Act. The Employer provided an undertaking confirming that the Workplace Delegates’ Rights under the Manufacturing and Associated Industries and Occupations Award 2020 (the Award) would apply.

1. The Agreement was silent on minimum engagement for part-time employees. The Employer provided an undertaking in the same terms as clause 10.2 of the Award, to address this issue.

1. Clauses 9.2b, 10, and 11.b of the Agreement, relating to annualised salaries, did not contain a reconciliation safeguard for employees on annualised salaries. The Employer provided an undertaking confirming it would perform at least annual reconciliations of annualised salaries, to address this issue.

1. 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. The undertakings are taken to be a term of the agreement.

1. 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.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 November 2024. The nominal expiry date of the Agreement is 30 March 2027.

COMMISSIONER

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Annexure A