Bureau Veritas Minerals Pty Ltd

[2020] FWCA 5289

[2020] FWCA 5289

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bureau Veritas Minerals Pty Ltd
(AG2020/2830)

THE BUREAU VERITAS MINERALS PTY LTD PERTH GEOANALYTICAL LABORATORY AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 26 OCTOBER 2020

Application for approval of the Bureau Veritas Minerals Pty Ltd Perth Geoanalytical Laboratory Agreement 2020.

[1] Bureau Veritas Minerals Pty Ltd has made an application for the approval of an enterprise agreement known as the Bureau Veritas Minerals Pty Ltd Perth Geoanalytical Laboratory Agreement 2020 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] The Employer notified each affected employee of their representational rights in accordance with s 173(3) of the Act. However, other materials accompanied the notice of employee representational rights. Insofar as this constitutes a procedural or technical error, pursuant to s 188(2) of the Act, I am satisfied that the agreement would have been genuinely agreed to but for the error made in relation to the requirements set out in s 173 of the Act after having read and considered the Applicant’s submissions. I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2) of the Act.

[5] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[6] The model consultation term prescribed by the Fair Work Regulations 2009 (Cth) is attached to the Agreement and taken to be a term of it.

[7] The Agreement was approved on 26 October 2020and, in accordance with s 54, will operate from 2 November 2020. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

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Attachment A