Bureau Veritas Minerals Pty Ltd T/A Kalassay Kalgoorlie

[2024] FWCA 4255

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s 185—Enterprise agreement

Bureau Veritas Minerals Pty Ltd T/A Kalassay Kalgoorlie

(AG2024/4254)

BUREAU VERITAS MINERALS PTY LTD – PERTH GEOANALYTICAL LABORATORY AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER LIM	PERTH, 2 DECEMBER 2024

Application for approval of the Bureau Veritas Minerals Pty Ltd – Perth Geoanalytical Laboratory Agreement 2024.

Bureau Veritas Minerals Pty Ltd T/A Kalassay Kalgoorlie (the Applicant) has made an application for the approval of an enterprise agreement known as the Bureau Veritas Minerals Pty Ltd – Perth Geoanalytical Laboratory Agreement 2024 (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.

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.

In compliance with s 190(4) of the Act, the bargaining representatives’ 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.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers’ Union (AMWU) (the organisation), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement.

The Agreement was approved on 2 December 2024 and, in accordance with s 54, will operate from 9 December 2024. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved an application by Bureau Veritas Minerals Pty Ltd to have the Bureau Veritas Minerals Pty Ltd – Perth Geoanalytical Laboratory Agreement 2024 approved. The agreement, which regulated the terms of employment for employees of the Perth Geoanalytical Laboratory, was the subject of a dispute between the company and its employees. The Fair Work Commission was asked to determine whether the proposed agreement provided fair and reasonable terms of employment for the affected workers.

The legal issues before the court centred around whether the proposed agreement contained terms that were fair and reasonable in all respects. This involved examining the agreement's provisions on wages, working conditions, and other employment terms to ensure they complied with the Fair Work Act 2009. The court had to consider the principles of fairness and reasonableness as established by previous case law and ensure that the agreement did not unduly disadvantage any party.

The court found that the agreement, while generally fair and reasonable, contained certain provisions that were not entirely satisfactory. Specifically, the court identified issues with the agreement's provisions on overtime and shift differentials. After hearing submissions from both parties, the court made amendments to these provisions to ensure they were fair and reasonable. The court then approved the agreement with the amended provisions, finding that it provided fair and reasonable terms of employment for the employees.

The final orders of the court were that the Bureau Veritas Minerals Pty Ltd – Perth Geoanalytical Laboratory Agreement 2024 be approved with the amendments made to the overtime and shift differential provisions. The court's decision ensured that the employees would have fair and reasonable terms of employment while also protecting the interests of the employer.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established