Bureau Veritas International Trade Australia Pty. Ltd.

[2014] FWCA 8042

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bureau Veritas International Trade Australia Pty. Ltd.
(AG2014/7618)

BUREAU VERITAS INTERNATIONAL TRADE AUSTRALIA PTY LTD - NSW PREPARATION SAMPLERS AND LABORATORY EMPLOYEES ENTERPRISE AGREEMENT 2014-2016

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 14 NOVEMBER 2014

Application for approval of the Bureau Veritas International Trade Australia Pty Ltd - NSW Preparation Samplers and Laboratory Employees Enterprise Agreement 2014-2016.

[1] An application has been made for approval of an enterprise agreement known as the Bureau Veritas International Trade Australia Pty Ltd - NSW Preparation Samplers and Laboratory Employees Enterprise Agreement 2014-2016 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Bureau Veritas International Trade Australia Pty. Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Construction, Forestry, Mining and Energy Union, being bargaining representatives for the Agreement, have given notice under s183 of the Act that it wants the Agreement to cover it. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 21 November 2014. The nominal expiry date of the Agreement is 31 December 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bureau Veritas International Trade Australia Pty Ltd applied for approval of the NSW Preparation Samplers and Laboratory Employees Enterprise Agreement 2014-2016. The applicant, a private company, sought to have the agreement, which applied to its employees, approved under the Fair Work Act 2009. The dispute arose from disagreements between the applicant and the relevant union, which represented the employees, over certain terms and conditions of employment. The court had to determine whether the agreement complied with the requirements of the Act, particularly focusing on whether it met the 'better off overall test' and whether it was 'simple, fair and portable'.

The primary legal issue was whether the agreement satisfied the 'better off overall test', which required that employees be no worse off financially under the new agreement compared to their previous conditions. The court also had to consider whether the agreement was simple, fair, and portable. These criteria were essential to ensure that the agreement provided genuine benefits to the employees and did not impose undue burdens or restrictions on them. The court examined the agreement's provisions, including wages, leave entitlements, and working conditions, to determine compliance.

The court found that the agreement met the 'better off overall test' and was simple, fair, and portable. It concluded that the employees would not be worse off financially and that the agreement provided clear, straightforward terms that were equitable and easily understood. The court emphasised the importance of the agreement being beneficial to the employees and ensuring that it did not impose any unnecessary restrictions on their rights. Based on this assessment, the court approved the agreement.

The court ordered that the NSW Preparation Samplers and Laboratory Employees Enterprise Agreement 2014-2016 be approved and registered under the Fair Work Act 2009. This decision provided legal certainty for both the applicant and the union, allowing the agreement to come into effect and govern the employment terms for the relevant employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established