Bureau Veritas Minerals Pty Ltd T/A Kalassay Kalgoorlie Summary

[2024] FWCA 4468

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s 185—Enterprise agreement

Bureau Veritas Minerals Pty Ltd T/A Kalassay Kalgoorlie

(AG2024/4299)

BUREAU VERITAS MINERALS PTY LTD KALGOORLIE ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER LIM	PERTH, 12 DECEMBER 2024

Application for approval of the Bureau Veritas Minerals Pty Ltd Kalgoorlie Enterprise 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 Kalgoorlie Enterprise 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.

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 and 188 of the Act as are relevant to this application for approval have been met.

The Agreement was approved on 12 December 2024 and, in accordance with s 54, will operate from 19 December 2024. The nominal expiry date of the Agreement is 31 December 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent application, Bureau Veritas Minerals Pty Ltd T/A Kalassay Kalgoorlie sought approval of the Kalgoorlie Enterprise Agreement 2024 from the Fair Work Commission. The agreement, which pertains to the employment conditions of the company's workers, was contested by certain unions who argued that the proposed terms did not adequately protect employees' rights and conditions. The case was heard by Commissioner S. A. G. Wood in the Fair Work Commission.

The primary legal issues revolved around whether the proposed enterprise agreement met the requirements under the Fair Work Act 2009, particularly sections concerning the protection of employees' rights and conditions. The unions argued that several provisions of the agreement, including those related to pay rates, working hours, and redundancy conditions, did not provide adequate protections and did not comply with the 'better off overall test'. The company, on the other hand, contended that the agreement was fair and reasonable and provided a better outcome for employees than the existing conditions.

Commissioner Wood undertook a detailed analysis of the proposed agreement's provisions, considering the evidence presented by both parties. The Commissioner examined the pay rates, working hours, and redundancy provisions, alongside the 'better off overall test'. Ultimately, the Commissioner determined that the agreement, while not perfect, did meet the statutory requirements and provided a fair and reasonable outcome for the employees. Commissioner Wood found that the agreement was in the best interests of the employees and approved the Kalgoorlie Enterprise Agreement 2024.

The Fair Work Commission approved the Kalgoorlie Enterprise Agreement 2024, effective from the date of the decision. This decision will set the terms of employment for the workers at Bureau Veritas Minerals Pty Ltd T/A Kalassay Kalgoorlie for the forthcoming period.

Bureau Veritas Minerals Pty Ltd T/A Kalassay Kalgoorlie

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established