DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bureau Veritas Minerals Pty Ltd T/A Ultra Trace and Kalassay
(AG2016/1381)

BUREAU VERITAS MINERALS PTY LTD TRADING AS ULTRA TRACE AND KALASSAY - PERTH ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 26 JULY 2016

Application for approval of the Bureau Veritas Minerals Pty Ltd trading as Ultra Trace and Kalassay - Perth Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Bureau Veritas Minerals Pty Ltd trading as Ultra Trace and Kalassay - Perth Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bureau Veritas Minerals Pty Ltd T/A Ultra Trace and Kalassay. 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] Subject to the undertakings referred to above, 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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) I note that the Agreement covers the organisation.

[6] The Agreement was approved on 26 July 2016 and, in accordance with s.54, will operate from 2 August 2016. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Bureau Veritas Minerals Pty Ltd trading as Ultra Trace and Kalassay, the Fair Work Commission (FWC) was called upon to approve the Perth Enterprise Agreement 2015. The application was made by the employer, and the union involved was the Australian Manufacturing Workers' Union (AMWU). The dispute centred on the terms and conditions of employment within the specified enterprise, focusing on the fairness and suitability of the proposed agreement for the workers it covered.

The legal issues before the FWC required a determination of whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009. This included assessing whether the agreement provided for minimum terms and conditions, whether it was free from prohibited content, and if it had been made in accordance with the procedural requirements set out in the Act. Additionally, the FWC had to consider the fairness of the agreement to the employees and whether it addressed the needs of both the employer and the workforce effectively.

The FWC found that the agreement provided for the minimum terms and conditions mandated by the Fair Work Act. It was free from prohibited content and was made in compliance with the procedural requirements. Furthermore, the FWC determined that the agreement was fair and balanced, taking into account the interests of both the employer and the employees. The proposed agreement was found to address the needs of the enterprise and the workforce adequately, providing a suitable framework for the operation of the enterprise. Consequently, the FWC approved the Perth Enterprise Agreement 2015.

Bureau Veritas Minerals Pty Ltd T/A Ultra Trace and Kalassay

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established