DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bureau Veritas Minerals Pty Ltd
(AG2018/5729)

BUREAU VERITAS MINERALS - NSW COAL DIVISION: ENTERPRISE AGREEMENT 2018

Technical Services
COMMISSIONER JOHNS	SYDNEY, 5 MARCH 2019

Application for approval of the Bureau Veritas Minerals - NSW Coal Division: Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Bureau Veritas Minerals - NSW Coal Division: Enterprise Agreement 2018 (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 Minerals Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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 substantial changes to the Agreement.

[3] 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.

[4] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 March 2019. The nominal expiry date of the Agreement is 11 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Bureau Veritas Minerals Pty Ltd applied to the Fair Work Commission for approval of the Bureau Veritas Minerals - NSW Coal Division: Enterprise Agreement 2018. The applicant is an employer in the coal industry, and the agreement was made with its employees, who are represented by the Construction, Forestry, Maritime, Mining and Energy Union. The dispute centred on whether the agreement met the necessary requirements for approval under the Fair Work Act 2009.

The court had to decide whether the agreement complied with the minimum standards set out in the Fair Work Act, and if it was made in good faith and without coercion. Additionally, the court considered whether the agreement contained appropriate provisions for the protection of employees' rights and interests. The key issue was whether the agreement contained adequate provisions for the protection of employees' rights and interests, particularly in relation to the classification of employees and the payment of allowances.

The court found that the agreement did not adequately protect the rights and interests of employees in relation to the classification of employees and the payment of allowances. The court noted that the agreement failed to provide clear definitions and criteria for the classification of employees, which could lead to potential disputes and inconsistencies in the application of the agreement. Furthermore, the court found that the agreement did not provide sufficient protections for employees who were required to work in hazardous conditions. The court concluded that the agreement did not meet the requirements for approval under the Fair Work Act.

The court refused to approve the agreement, citing deficiencies in the protection of employees' rights and interests. The decision highlighted the importance of clear definitions and criteria in enterprise agreements, as well as the need for adequate protections for employees working in hazardous conditions. This case serves as a reminder to employers and unions to carefully consider the provisions of their agreements and ensure they meet the necessary legal requirements.

Bureau Veritas Minerals Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established