Bureau Veritas Minerals Pty Ltd Summary

[2021] FWCA 6108

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bureau Veritas Minerals Pty Ltd
(AG2021/7470)

BUREAU VERITAS MINERALS - NSW COAL DIVISION: ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 4 OCTOBER 2021

Application for approval of the Bureau Veritas Minerals - NSW Coal Division: Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the Bureau Veritas Minerals - NSW Coal Division: Enterprise Agreement 2021 (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.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Construction, Forestry, Maritime, Mining and Energy Union and The Australian Workers’ Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 October 2021. The nominal expiry date of the Agreement is 11 March 2022.

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 sought approval of an enterprise agreement for its NSW Coal Division employees. The dispute involved the proposed terms and conditions set out in the agreement, which the applicants argued were fair and reasonable for the employees involved. The Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission were primarily focused on whether the proposed enterprise agreement complied with the statutory requirements for approval. This included assessing whether the agreement contained the necessary minimum terms, whether it had been fairly negotiated, and whether it provided for proper dispute resolution mechanisms. The Commission also had to consider whether the agreement would have an adverse effect on the employees’ financial position, and whether it complied with the contemporary awards and other instruments.

The Commission found that the proposed agreement was fair and reasonable, meeting all the statutory requirements for approval. It noted that the agreement contained all the minimum terms, had been negotiated in good faith, and provided for adequate dispute resolution mechanisms. The Commission further determined that the agreement would not have an adverse effect on the employees’ financial position and complied with the relevant awards and instruments. Consequently, the Commission approved the enterprise agreement, recognising its fairness and reasonableness for the employees of the NSW Coal Division.

The Fair Work Commission approved the enterprise agreement for the NSW Coal Division of Bureau Veritas Minerals Pty Ltd, effective from the date of the decision. This decision provided certainty and stability for the employees and the employer, ensuring that the terms and conditions of employment were fairly negotiated and met the statutory requirements for approval.

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