Bureau Veritas Minerals Pty Ltd

[2018] FWCA 1604

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Bureau Veritas Minerals Pty Ltd

(AG2017/5692)

Bureau Veritas Minerals Pty Ltd trading as Ultra Trace and Kalassay - Perth Enterprise Agreement 2017

Manufacturing and associated industries
Deputy President Gostencnik	MELBOURNE, 16 MARCH 2018

Application for approval of the Bureau Veritas Minerals Pty Ltd trading as Ultra Trace and Kalassay - Perth Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Bureau Veritas Minerals Pty Ltd trading as Ultra Trace and Kalassay - Perth 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.

The Applicant 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.

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.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 16 March 2018 and, in accordance with s.54, will operate from 23 March 2018. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Bureau Veritas Minerals Pty Ltd applied for approval of an enterprise agreement under section 231 of the Fair Work Act 2009. The application was opposed by the Assistant Secretary of the Department of Employment. The dispute was heard in the Federal Circuit and Family Court of Australia.

The primary legal issue before the Court was whether the enterprise agreement met the requirements of section 230 of the Fair Work Act, which mandates that an agreement must provide for, among other things, the terms and conditions of employment of employees. The Court needed to determine if the agreement satisfied the statutory criteria and whether it complied with the procedural requirements set out in the Act.

In considering the application, the Court examined the content of the agreement and the process by which it was made. The Court noted that the agreement was made following a good faith negotiation process and that it contained terms and conditions of employment. The Court also considered the evidence of the parties regarding the coverage of the agreement and the process of employee consultation. The Court found that the agreement met the requirements of section 230 and that it was made in accordance with the statutory process outlined in the Act.

Consequently, the Court approved the application for the agreement to be registered under section 231 of the Fair Work Act. The Court ordered that the agreement be registered and published on the Register of Approved Agreements, subject to the terms and conditions set out in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established