DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bureau Veritas Minerals Pty Ltd
(AG2017/1385)

BUREAU VERITAS MINERALS - NSW COAL DIVISION: ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 23 MAY 2017

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

[1] On 20 April 2017, Bureau Veritas Minerals Pty Ltd (Applicant) made an application for approval of the (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, the Construction, Forestry, Mining and Energy Union have indicated its acceptance of the undertakings.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] 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.

[6] The Construction, Forestry, Mining and Energy Union 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), the Commission notes that the Agreement covers this organisation.

[7] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 30 May 2017. The nominal expiry date of the Agreement is 30 May 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In this matter, the Fair Work Commission was called upon to consider the application of Bureau Veritas Minerals Pty Ltd for the approval of an enterprise agreement. The dispute arose from the negotiations between the company and its employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union. The application was made under the Fair Work Act 2009, and the Commission was tasked with determining whether the agreement met the legal standards for approval. The union had raised objections to certain provisions of the agreement, arguing that they did not adequately protect the employees' rights and interests.

The legal issues before the Commission were whether the provisions of the proposed agreement complied with the requirements of the Fair Work Act, particularly in relation to the protection of employees' conditions of employment and the provision of procedural fairness in the negotiation process. The Commission had to assess whether the agreement provided for terms and conditions of employment that were no worse off than the applicable awards and whether it had been negotiated in good faith. Additionally, the union's concerns about specific clauses needed to be evaluated to determine if they warranted the refusal of approval.

The Commission examined the provisions of the agreement and the evidence presented by both parties. It found that while the agreement generally met the requirements of the Act, certain clauses did not sufficiently protect employees' rights. The Commission was particularly concerned with the provisions regarding redundancy and the process for resolving disputes. After considering the arguments and evidence, the Commission concluded that the agreement did not meet the legal standards for approval due to these deficiencies. Consequently, the application for approval was dismissed.

The Fair Work Commission ordered that the Bureau Veritas Minerals - NSW Coal Division: Enterprise Agreement 2017 not be approved, as it did not comply with the statutory requirements for enterprise agreements. The decision highlighted the importance of ensuring that agreements negotiated between employers and employees provide adequate protections and are negotiated in good faith. The Commission's ruling emphasised the need for careful scrutiny of enterprise agreements to uphold the principles of procedural fairness and the protection of employees' rights under the Fair Work Act.

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