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.

Printed by authority of the Commonwealth Government Printer

<AE507954 PR718760

The applicant, Bureau Veritas Asset Integrity & Reliability Services Pty Ltd, sought the Fair Work Commission's approval of the Bureau Veritas (AIRS) National Enterprise Agreement 2020. The dispute centred around whether the agreement met the legal standards for enterprise agreements under the Fair Work Act 2009. The matter was heard in the Fair Work Commission, Australia's industrial relations tribunal.

The central legal issues revolved around the fairness and compliance of the agreement with the statutory requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was genuinely negotiated, met the "better off overall test", and included necessary safety provisions. The applicant argued that the agreement was a product of genuine negotiations and met all legislative requirements. The Commission examined the negotiation process, the terms of the agreement, and whether employees were better off overall.

The Fair Work Commission determined that the agreement was indeed a genuine enterprise agreement and met all statutory requirements. The Commission found that the negotiation process was robust and the terms of the agreement were fair. The Commission concluded that the agreement met the better off overall test and included all necessary safety provisions. Consequently, the Commission approved the agreement.

As a result of the Commission's decision, the Bureau Veritas (AIRS) National Enterprise Agreement 2020 was approved and will be binding on all parties. This approval ensures that the agreement will govern the employment terms and conditions for the relevant employees for the duration of the agreement.

Bureau Veritas Asset Integrity & Reliability Services Pty Ltd

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established