Bureau Veritas Asset Integrity & Reliability Services Pty Ltd Summary

[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

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).

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.

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.

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.

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.

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.

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.

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.

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 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

Printed by authority of the Commonwealth Government Printer

Annexure A

Bureau Veritas Asset Integrity & Reliability Services Pty Ltd applied to the Fair Work Commission for approval of the Bureau Veritas (AIRS) National Enterprise Agreement 2024. The application involved the approval of an enterprise agreement that was intended to regulate the employment conditions of employees within the company. The Fair Work Commission, specifically the Full Bench, was tasked with assessing the fairness of the proposed agreement in line with the Fair Work Act 2009.

The court examined whether the agreement met the criteria for fairness as stipulated in the Fair Work Act. This included assessing if the agreement was negotiated in good faith, provided for proper processes for resolving workplace disputes, and included adequate provisions for employee protections and entitlements. The primary legal issue was whether the agreement was sufficiently comprehensive and fair, considering the interests of both the employer and the employees.

In its reasoning, the Full Bench concluded that the agreement was fair and reasonable. The court found that the agreement was negotiated in good faith, included appropriate dispute resolution mechanisms, and provided adequate protections and entitlements for employees. The Full Bench determined that the agreement met the statutory requirements for fairness and approved the application for registration. The decision underscored the importance of balancing the interests of both parties while ensuring compliance with the legislative framework governing enterprise agreements.

The final orders included the approval of the Bureau Veritas (AIRS) National Enterprise Agreement 2024, which would now be registered under the Fair Work Act. This registration would render the agreement legally binding on the parties involved, ensuring that the terms and conditions outlined in the agreement would govern the employment relationship between Bureau Veritas Asset Integrity & Reliability Services Pty Ltd and its employees.

Bureau Veritas Asset Integrity & 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