DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bureau Veritas Minerals Pty Ltd
(AG2018/7240)

BUREAU VERITAS MINERALS PTY LTD ADELAIDE LABORATORIES ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 12 FEBRUARY 2019

Application for approval of the Bureau Veritas Minerals Pty Ltd Adelaide Laboratories Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Bureau Veritas Minerals Pty Ltd Adelaide Laboratories 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 Agreement lodged contained an error at Schedule A. On 8 February 2019, the Applicant filed an amended version of Schedule A pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 February 2019. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved an application by Bureau Veritas Minerals Pty Ltd for the approval of the Bureau Veritas Minerals Pty Ltd Adelaide Laboratories Enterprise Agreement 2018. The primary dispute centred on the fairness and reasonableness of the agreement, which was necessary for its approval under the Fair Work Act 2009. The court's role was to assess whether the agreement complied with the statutory requirements for approval and to determine if it met the criteria for fairness and reasonableness.

The legal issues before the court included whether the agreement adequately addressed the terms and conditions of employment, provided for procedural fairness, and contained provisions that were fair and reasonable. Additionally, the court had to consider whether the agreement was in line with the principles of the Fair Work Act, including the avoidance of unnecessary complexity and the promotion of workplace harmony. The court also needed to examine the process through which the agreement was negotiated and the extent to which it allowed for genuine employee participation.

In its decision, the court carefully reviewed the contents of the agreement and the evidence presented regarding the negotiation process. The court found that the agreement contained provisions that were fair and reasonable, addressing the key terms and conditions of employment. The court was satisfied that the agreement was not unnecessarily complex and that it promoted workplace harmony. The evidence demonstrated that the negotiation process had allowed for genuine employee participation, which was critical for the agreement's approval. Consequently, the court concluded that the agreement met all statutory requirements and was fit for approval under the Fair Work Act.

The court approved the Bureau Veritas Minerals Pty Ltd Adelaide Laboratories Enterprise Agreement 2018, finding it to be fair and reasonable in all respects. The agreement was deemed to comply with the necessary statutory criteria and was therefore approved for operation. The court's decision was based on a thorough examination of the agreement's provisions and the process by which it was negotiated, ensuring that the interests of both employers and employees were adequately represented.

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