DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bureau Veritas Minerals Pty Ltd
(AG2017/4555)

BUREAU VERITAS MINERALS PTY LTD WHYALLA LABORATORIES ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 1 DECEMBER 2017

Application for approval of the Bureau Veritas Minerals Pty Ltd Whyalla Laboratories Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Bureau Veritas Minerals Pty Ltd Whyalla Laboratories 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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and 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) I note that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 December 2017. The nominal expiry date of the Agreement is 30 June 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the matter of Bureau Veritas Minerals Pty Ltd (BV) was considered in relation to the approval of the Whyalla Laboratories Enterprise Agreement 2017. The applicant, BV, sought approval of the agreement under the Fair Work Act 2009. The dispute arose from disagreements between BV and its employees regarding the terms and conditions of employment as outlined in the proposed agreement.

The central legal issue before the Commission was whether the agreement met the requirements for approval under the Fair Work Act. Specifically, the Commission needed to determine if the agreement provided for fair and reasonable terms and conditions of employment, and if it complied with the procedural requirements set out in the Act. The Commission also had to consider if the agreement adequately addressed the bargaining process and if it was made in good faith.

The Fair Work Commission evaluated the agreement based on the criteria established by the Fair Work Act. It examined whether the agreement was made in good faith and whether there was proper representation of the employees. The Commission found that the bargaining process was conducted appropriately and that the agreement reflected fair and reasonable terms and conditions of employment. The Commission concluded that the agreement met all statutory requirements for approval. Consequently, the application for the approval of the agreement was successful.

As a result of the decision, the Fair Work Commission approved the Whyalla Laboratories Enterprise Agreement 2017, confirming its compliance with the Fair Work Act. This approval means that the agreement can now be implemented, and it will govern the employment terms and conditions of the employees covered by it.

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