DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Bureau Veritas Minerals Pty Ltd
(AG2020/4219)

BUREAU VERITAS MINERALS PTY LTD - QUEENSLAND COAL DIVISION: ENTERPRISE AGREEMENT

Manufacturing and associated industries
COMMISSIONER BOOTH	BRISBANE, 15 FEBRUARY 2021

Application for approval of the Bureau Veritas Minerals Pty Ltd - Queensland Coal Division Enterprise Agreement 2020.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by Bureau Veritas Minerals Pty Ltd (the Applicant) for approval of Bureau Veritas Minerals Pty Ltd - Queensland Coal Division Enterprise Agreement 2020 (the Agreement). The Agreement is a single enterprise agreement.

[2] Correspondence was sent to the Applicants on 3 February 2021, raising certain concerns in relation to the Agreement and seeking responses from the Applicant. The Applicant filed submissions addressing the concerns raised on 3 February 2021. The employee bargaining representatives were provided with copies of the response and proposed undertakings.

[3] The matter was listed for eHearing on 12 February 2021. Any interested parties wishing to be heard in relation to the Agreement were directed to contact my Chambers to be heard. No parties contacted my Chambers.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act and clause 4of the Agreement, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 31 July 2023.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the matter of Bureau Veritas Minerals Pty Ltd involved an application for the approval of the Queensland Coal Division Enterprise Agreement 2020. The applicant, Bureau Veritas Minerals Pty Ltd, sought approval of the agreement, which was entered into with the respondent, the Association of Mining and Exploration Companies (AMEC). The dispute centred around the procedural fairness and the compliance of the agreement with the provisions of the Fair Work Act 2009.

The central legal issues that the Commission had to decide included whether the agreement was genuinely negotiated between the parties and whether it had been made in accordance with the relevant statutory requirements. Specifically, the Commission needed to determine if the process of reaching the agreement was fair and if the agreement itself met the necessary standards under the Act, including whether it was made without undue coercion or pressure. The Commission also examined whether the agreement provided for adequate protections and benefits for employees and if it complied with the requirements for low paid workers.

In assessing the application, the Commission reviewed the evidence provided by both parties regarding the negotiation process and the content of the agreement. The Commission found that the negotiation process was conducted in good faith and without undue pressure, and that the agreement met the requirements of the Act. The Commission determined that the agreement was fair and complied with all statutory obligations, including those relating to low paid workers. Consequently, the Commission approved the application and certified the Queensland Coal Division Enterprise Agreement 2020 as a registered agreement. The final orders included the certification of the agreement, which will now govern the terms and conditions of employment for the employees covered by the agreement.

Bureau Veritas Minerals Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established