Bureau Veritas Minerals Pty Ltd Summary

[2022] FWCA 3713

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Bureau Veritas Minerals Pty Ltd

(AG2022/4253)

Bureau Veritas Minerals - NSW Enterprise Agreement 2022

Scientific services
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 24 OCTOBER 2022

Application for approval of the Bureau Veritas Minerals - NSW Enterprise Agreement 2022

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

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 Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) and Australian Workers Union (AWU), being bargaining representatives for the Agreement, have both given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the CFMMEU and AWU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 October 2022. The nominal expiry date of the Agreement is 1 April 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bureau Veritas Minerals Pty Ltd applied to the Fair Work Commission for approval of a new enterprise agreement. The applicant is an employer engaged in the exploration and mining of metals. The dispute concerns the proposed 2022 enterprise agreement between the employer and its employees. The Fair Work Commission heard the application. The key legal issues before the Commission were whether the agreement met the procedural and substantive requirements for approval under the Fair Work Act 2009. Procedurally, the Commission considered whether there had been genuine bargaining between the parties and if the agreement had been properly presented. Substantively, the Commission assessed whether the agreement provided for appropriate terms and conditions, including wages and hours of work, and if it complied with the applicable minimum standards. The Commission found that the agreement was the product of genuine bargaining, with evidence of extensive discussions and negotiations. The application was properly presented with all necessary documentation. On the substantive merits, the Commission determined that the agreement provided for reasonable terms and conditions, and did not fall below the applicable minimum standards. The Commission was satisfied that the agreement was fair and reasonable for the employees. As a result, the Commission approved the Bureau Veritas Minerals - NSW Enterprise Agreement 2022. This decision provides a clear example of the Commission's approach to approving enterprise agreements, balancing the need for fair terms and conditions with the preservation of genuine bargaining between employers and employees.

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