Bureau Veritas Minerals Pty Ltd
[2024] FWCA 3259
•16 SEPTEMBER 2024
| [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
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