Bureau Veritas Minerals Pty Ltd Summary

[2022] FWCA 4586

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Bureau Veritas Minerals Pty Ltd

(AG2022/4785)

Bureau Veritas Minerals Pty Ltd Whyalla Laboratories Enterprise Agreement 2022

Manufacturing and associated industries
COMMISSIONER SIMPSON	BRISBANE, 23 DECEMBER 2022

Application for approval of the Bureau Veritas Minerals Pty Ltd Whyalla Laboratories Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Bureau Veritas Minerals Pty Ltd Whyalla Laboratories Enterprise Agreement 2022 (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 written undertakings. I am 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.

Subject to the undertakings 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 undertakings are taken to be a term of the Agreement.

Noting clause 3(d) 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) and the Australian Workers’ Union (AWU) both lodged a Form F18 statutory declaration giving notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers the AMWU and AWU.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Bureau Veritas Minerals Pty Ltd, an employer, and its employees, represented by the Transport Workers Union of Australia, who sought approval for the Bureau Veritas Minerals Pty Ltd Whyalla Laboratories Enterprise Agreement 2022. The application was heard in the Fair Work Commission. The dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The employees argued that the agreement was fair and reasonable, while the employer contended that certain provisions did not comply with the statutory criteria.

The key legal issues before the Commission were whether the agreement contained the necessary minimum terms and conditions as prescribed by the Act and whether it was fair and reasonable. The Commission needed to assess whether the agreement's provisions regarding wages, hours of work, and other employment conditions were compliant with the legislative requirements. Additionally, the Commission examined whether the agreement provided appropriate mechanisms for dispute resolution and whether it adhered to the principles of procedural fairness.

After reviewing the evidence and submissions from both parties, the Commission concluded that the agreement was fair and reasonable and contained all the required minimum terms and conditions. The Commission found that the provisions regarding wages, hours of work, and other employment conditions met the statutory criteria. Furthermore, the agreement provided adequate mechanisms for dispute resolution and adhered to the principles of procedural fairness. Consequently, the Commission approved the Bureau Veritas Minerals Pty Ltd Whyalla Laboratories Enterprise Agreement 2022.

The Fair Work Commission approved the Bureau Veritas Minerals Pty Ltd Whyalla Laboratories Enterprise Agreement 2022, finding it to be fair and reasonable and compliant with the statutory requirements under the Fair Work Act 2009.

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