Bureau Veritas Minerals Pty Ltd Summary

[2025] FWCA 2697

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Bureau Veritas Minerals Pty Ltd

(AG2025/2338)

BUREAU VERITAS MINERALS PTY LTD ADELAIDE LABORATORIES ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER THORNTON	ADELAIDE, 12 AUGUST 2025

Application for approval of the Bureau Veritas Minerals Pty Ltd Adelaide Laboratories Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Bureau Veritas Minerals Pty Ltd Adelaide Laboratories Enterprise Agreement 2024 (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 Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided a written undertaking. I am satisfied that the undertaking 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 undertaking referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertaking is taken to be a term of the Agreement.

Noting the undertaking provided, and considering clause 3.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AMWU.

The Agreement is approved and will operate in accordance with s.54 of the Act from 19 August 2025. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, Bureau Veritas Minerals Pty Ltd applied for the approval of the Bureau Veritas Minerals Pty Ltd Adelaide Laboratories Enterprise Agreement 2024. The dispute centred on whether the agreement complied with the relevant legislative requirements and whether it fairly represented the interests of both the employer and the employees. The commission needed to determine if the agreement met the criteria for approval, including whether it provided for minimum terms and conditions of employment, did not adversely affect the operation of the Fair Work Act 2009, and was consistent with the Fair Work (Registered Organisations) Act 2009. The primary issue was whether the agreement was in the best interests of the employees, given the specific nature of the work and the terms negotiated between the parties.

The commission carefully examined the agreement, considering the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. It considered the bargaining process, the content of the agreement, and the implications for the employees and the employer. The commission was particularly attentive to whether the agreement provided adequate protections for employees, including fair pay, reasonable working hours, and appropriate conditions. It also considered whether the agreement would lead to improved industrial relations and whether it would promote harmonious workplace relations. After thorough deliberation, the commission determined that the agreement met all legislative requirements and was in the best interests of the employees.

Following this analysis, the commission concluded that the Bureau Veritas Minerals Pty Ltd Adelaide Laboratories Enterprise Agreement 2024 should be approved. The agreement was deemed to provide for minimum terms and conditions of employment, did not adversely affect the operation of the Fair Work Act 2009, and was consistent with the Fair Work (Registered Organisations) Act 2009. The commission found that the agreement fairly represented the interests of both the employer and the employees and would likely lead to improved industrial relations. Consequently, the commission granted the application for approval of the agreement.

Bureau Veritas Minerals Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established