DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bureau Veritas Minerals Pty Ltd
(AG2018/1643)

BUREAU VERITAS MINERALS PTY LTD - QUEENSLAND COAL DIVISION: ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 5 SEPTEMBER 2018

Application for approval of the Bureau Veritas Minerals Pty Ltd - Queensland Coal Division: Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Bureau Veritas Minerals Pty Ltd - Queensland Coal Division: Enterprise Agreement 2017 (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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) & The Australian Workers’ Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) and based on the statutory declaration provided by the organisations, I note that the Agreement covers these organisations.

[5] The Agreement was approved on 5 September 2018 and, in accordance with s.54, will operate from 12 September 2018. The nominal expiry date of the Agreement is 31 July 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application by Bureau Veritas Minerals Pty Ltd for the approval of the Enterprise Agreement 2017 for the Queensland Coal Division. The dispute arose within the Fair Work Commission, the relevant industrial relations tribunal. The primary concern was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Bureau Veritas Minerals argued that the agreement was fair and appropriate for the employees, while some employee representatives contested specific provisions of the agreement.

The legal issues before the Commission included whether the agreement provided adequate coverage for the relevant employees, whether it contained necessary provisions regarding pay rates and conditions, and whether it complied with the procedural requirements for approval. The Commission also needed to assess whether the agreement satisfied the "better off overall test," ensuring that employees were not disadvantaged compared to their previous conditions. Additionally, the Commission had to determine if the agreement was made in good faith and whether proper consultation processes were followed.

In its decision, the Commission thoroughly examined the content and implications of the Enterprise Agreement 2017. It concluded that the agreement adequately covered all relevant employees and included necessary provisions for pay rates and conditions. The Commission found that the agreement met the better off overall test and was made in good faith, with proper consultation processes observed. Consequently, the Commission approved the Enterprise Agreement 2017 for the Queensland Coal Division, recognising it as a fair and appropriate arrangement for the employees of Bureau Veritas Minerals Pty Ltd.

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