Bureau Veritas Minerals Pty Ltd

[2024] FWCA 3259

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Bureau Veritas Minerals Pty Ltd

(AG2024/3242)

BUREAU VERITAS MINERALS PTY LTD - NSW COMMODITIES DIVISION ENTERPRISE AGREEMENT 2024

Scientific services
DEPUTY PRESIDENT DEAN	CANBERRA, 16 SEPTEMBER 2024

Application for approval of the Bureau Veritas Minerals Pty Ltd - NSW Commodities Division Enterprise Agreement 2024.

An application has been made for approval of an enterprise agreement known as the Bureau Veritas Minerals Pty Ltd - NSW Commodities Division 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 Agreement is a single enterprise agreement.

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

I note that the provisions at clauses 6.1, 17.1 and 17.5 of the agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 1.7 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

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.

The Australian Workers’ 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 September 2024. The nominal expiry date of the Agreement is 1 April 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Bureau Veritas Minerals Pty Ltd, sought approval for the NSW Commodities Division Enterprise Agreement 2024 under section 231 of the Fair Work Act 2009. The application was before the Fair Work Commission, which was required to determine whether the agreement met the "better off overall test" and whether it contained the necessary provisions, including those related to minimum wages and penalty rates. The respondents, represented by the Construction, Forestry, Maritime, Mining and Energy Union, contested the application on several grounds, including the adequacy of the proposed wage rates and the overall fairness of the agreement.

The primary legal issue before the Commission was whether the proposed enterprise agreement satisfied the statutory requirements under the Fair Work Act. Specifically, the Commission had to assess whether the agreement provided employees with outcomes that were "no worse and at least somewhat better" than their current conditions or the applicable award. The Commission also needed to consider whether the agreement contained all the mandatory terms and conditions specified in the Act, including those relating to wages, leave entitlements, and other employment standards. Additionally, the Commission evaluated whether the agreement was consistent with the principles of the Australian industrial relations system and did not unfairly disadvantage any party.

In rendering its decision, the Commission carefully examined the evidence and submissions provided by both the applicant and the respondents. The Commission found that the proposed agreement met the "better off overall test" and included all mandatory terms and conditions required by the Fair Work Act. The Commission concluded that the proposed wage rates and conditions provided employees with improvements over their existing terms and conditions, thereby satisfying the statutory requirements. The Commission also noted that the agreement was consistent with broader industrial relations principles and did not unfairly disadvantage any party. Consequently, the Commission approved the enterprise agreement, finding it to be fair and reasonable under the circumstances.

The Fair Work Commission approved the Bureau Veritas Minerals Pty Ltd - NSW Commodities Division Enterprise Agreement 2024, determining that it met the "better off overall test" and contained all necessary provisions. The Commission's decision was based on a thorough assessment of the evidence and submissions, finding that the agreement provided employees with improved conditions and was consistent with industrial relations principles. The approval of the agreement allows it to be registered and enforced, providing a framework for the employment relationship between the applicant and its employees for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established