Bureau Veritas Asset Integrity & Reliability Services Pty Ltd

[2020] FWCA 2299

[2020] FWCA 2299

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bureau Veritas Asset Integrity & Reliability Services Pty Ltd
(AG2020/1037)

BUREAU VERITAS (AIRS) NATIONAL ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT CLANCY	MELBOURNE, 1 MAY 2020

Application for approval of the Bureau Veritas (AIRS) National Enterprise Agreement 2020.

[1] An application has been made for the approval of an enterprise agreement known as the Bureau Veritas (AIRS) National Enterprise Agreement 2020 (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 Asset Integrity & Reliability Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Agreement does not cover all of the employees of Bureau Veritas Asset Integrity & Reliability Services Pty Ltd, however, taking into account the factors in s.186(3) and s.186(3A) I am satisfied that the group of employees was fairly chosen. I note that the group is unchanged from that which is covered by the enterprise agreement the Agreement will replace.

[3] I have noted that the Notice of Employee Representational Rights (NERR) incorrectly referred to the enterprise agreement the Agreement will replace but I am nonetheless satisfied the employees were not likely to have been disadvantaged as a result and that Agreement has been genuinely agreed notwithstanding this minor technical error. 1 Further, it would appear that not all copies of the NERR were distributed no later than 14 days after the 14 August 2019 notification time but because distribution was completed on 31 August 2019, I am satisfied the employees were not likely to have been disadvantaged as a result and that TE Agreement has been genuinely agreed notwithstanding this minor procedural error.2

[4] Bureau Veritas Asset Integrity & Reliability Services Pty Ltd 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 a substantial change to the Agreement. The undertakings are taken to be a term of the Agreement.

[5] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, together with my conclusions at paragraph [3] 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.

[6] The Agreement is approved and, in accordance with s.54, will operate from 8 May 2020. The nominal expiry date of the Agreement is 30 April 2024.

DEPUTY PRESIDENT

Annexure A

 1 Fair Work Act 2009, s.188(2).

 2   Ibid.

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