Bureau Veritas Minerals Pty Ltd T/A Kalassay Kalgoorlie

[2014] FWCA 2617

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bureau Veritas Minerals Pty Ltd T/A Kalassay Kalgoorlie
(AG2014/631)

BUREAU VERITAS MINERALS KALASSAY KALGOORLIE ENTERPRISE AGREEMENT WESTERN AUSTRALIA 2014-2016

Manufacturing and associated industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 30 APRIL 2014

Application for approval of the Bureau Veritas Minerals Kalassay Kalgoorlie Enterprise Agreement Western Australia 2014-2016.

[1] An application has been made for approval of an enterprise agreement known as the Bureau Veritas Minerals Kalassay Kalgoorlie Enterprise Agreement Western Australia 2014-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] 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.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 31 December 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

This case concerns an application by Bureau Veritas Minerals Pty Ltd T/A Kalassay Kalgoorlie for approval of the Bureau Veritas Minerals Kalassay Kalgoorlie Enterprise Agreement Western Australia 2014-2016. The dispute arose within the Fair Work Commission, which was tasked with determining whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009. The matter was brought before the Commission by the company seeking approval of the agreement, which was intended to govern the terms and conditions of employment for its workers.

The central legal issue before the Commission was whether the proposed enterprise agreement met the necessary criteria for approval, specifically whether it complied with the provisions of the Fair Work Act. This involved examining various aspects of the agreement, including its adherence to minimum standards, the process by which it was negotiated, and whether it included appropriate dispute resolution mechanisms. The Commission also had to consider whether the agreement was made in good faith and whether it provided fair and reasonable terms for the employees involved.

In delivering its decision, the Commission thoroughly reviewed the content of the enterprise agreement, the negotiation process, and the evidence presented by the parties. The Commission found that the agreement complied with the statutory requirements and was made in good faith. It concluded that the agreement provided fair and reasonable terms for the employees, taking into account the specific circumstances of the industry and the workforce. Consequently, the Commission approved the enterprise agreement, recognising it as meeting the necessary standards under the Fair Work Act.

The Fair Work Commission approved the Bureau Veritas Minerals Kalassay Kalgoorlie Enterprise Agreement Western Australia 2014-2016, finding it to be compliant with the statutory requirements and made in good faith. The Commission determined that the agreement provided fair and reasonable terms for the employees and was thus suitable for approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established