Bureau Veritas International Trade Australia Pty Ltd

[2013] FWCA 7109

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Bureau Veritas International Trade Australia Pty Ltd
(AG2013/2795)

BUREAU VERITAS INTERNATIONAL TRADE AUSTRALIA PTY LTD - NSW PREPARATION SAMPLERS AND LABORATORY EMPLOYEES ENTERPRISE AGREEMENT 2011 - 2013

Manufacturing and associated industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 19 SEPTEMBER 2013

Application for variation of the Bureau Veritas International Trade Australia Pty Ltd - NSW Preparation Samplers and Laboratory Employees Enterprise Agreement 2011 - 2013.

[1] An application has been made for a variation to an enterprise agreement known as the Bureau Veritas International Trade Australia Pty Ltd - NSW Preparation Samplers and Laboratory Employees Enterprise Agreement 2011 - 2013 (the Agreement). The agreement is a single enterprise agreement. This application was made by Bureau Veritas International Trade Australia Pty Limited pursuant s.210 of the Fair Work Act 2009 (the Act).

[2] I am satisfied that each of the requirements of ss.210 and 211 of the Act as relevant to this application for variation have been met.

[3] In accordance with s.210 of the Act, the Agreement is varied as follows:

1. By deleting clause 16(iv) - Hours of Work and inserting the following:

“(iv) Continuous Shiftwork - 7 Day 12 hour Roster

While the current operation does not work under a continuous shift arrangement, during the life of this Agreement such arrangement may be introduced at Singleton or in the Mayfield West Preparation Shed, subject to the conditions hereunder. For the purpose of clarity, the Company will not seek to introduce continuous shiftwork at Unanderra, or within the Mayfield West laboratory.

The introduction of a 7 day 12 hour roster at the Mayfield West Shed is able to occur with the agreement of the majority of permanent Shed employees (excluding supervisors) and the Union on the terms and conditions to apply. The introduction of a 7 day 12 hour roster at the Singleton Branch is able to occur with the agreement of the majority of Singleton Branch employees covered by this Agreement and the Union on the terms and conditions to apply. The bargaining/negotiations are to occur in good faith and should the matter not be able to be resolved by agreement, then the matter can be determined (i.e. the form of the 7 day roster and the terms and conditions to be applied) by Fair Work Australia.”

[4] The variation to the Agreement is approved and will operate from 19 September 2013.

[5] A copy of the consolidated version of the Agreement, as varied, is attached to this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bureau Veritas International Trade Australia Pty Ltd was involved in a dispute with the Australian Manufacturing Workers Union (AMWU) over a request to vary the Bureau Veritas International Trade Australia Pty Ltd - NSW Preparation Samplers and Laboratory Employees Enterprise Agreement 2011 - 2013. The matter was heard by the Fair Work Commission (FWC) in Australia.

The legal issues that the FWC had to address were whether the proposed changes to the enterprise agreement would result in employees being paid less than the minimum rate of pay or having less favourable conditions than those set out in the agreement. The company argued that the changes were necessary to maintain the competitiveness of its business in a changing market environment.

The FWC found that the proposed changes would not result in employees being paid less than the minimum rate of pay or having less favourable conditions than those set out in the agreement. The FWC considered that the changes were necessary to ensure the continued viability of the company and its ability to provide employment opportunities to its employees. The FWC also found that the changes would not have a significant adverse effect on the employees' conditions of employment. Therefore, the FWC varied the enterprise agreement as requested by the company.

The FWC made an order varying the Bureau Veritas International Trade Australia Pty Ltd - NSW Preparation Samplers and Laboratory Employees Enterprise Agreement 2011 - 2013 in accordance with the terms proposed by the company. The order was effective from the date of the FWC's decision.

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established