Bureau Veritas Minerals Pty Ltd

[2022] FWC 726

[2022] FWC 726

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Bureau Veritas Minerals Pty Ltd

(AG2022/818)

Bureau Veritas Minerals Pty Ltd Adelaide Laboratories ENTERPRISE Agreement 2022

Manufacturing and associated industries
COMMISSIONER PLATT	ADELAIDE, 1 APRIL 2022

Application for the approval of the Bureau Veritas Minerals Pty Ltd Adelaide Laboratories Enterprise Agreement 2022

1. An application has been made for approval of an enterprise agreement known as the Bureau Veritas Minerals Pty Ltd Adelaide Laboratories Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Bureau Veritas Minerals Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

1. The matter was allocated to my Chambers on 24 March 2022 and was determined on the papers.

1. The Applicant has submitted an undertaking in the required form dated 29 March 2022. The undertaking deals with the following topics:

·   When taking personal/carer’s leave, an employee must provide the employer with notice as soon as practicable, which may be a time after the leave has started.

·   The definition of ‘de facto’ in the Agreement will be as contained in s.12 of the Act.

·   Clauses 20.1(b), 20.3, 20.10, 20.12 and 20.13 of the Agreement will not operate to reduce an employee’s leave entitlements under the National Employment Standards (NES).

1. A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

1. The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

1. It was noted in the Commission’s review of the Agreement that certain allowances (Leading Hand, Vehicle and Tool) that are included in the Manufacturing and Associated Industries and Occupations Award 2020 (the Award) were not contained in the Agreement. The Applicant provided the Commission with the following representations in relation to the absence of such allowances:

·   Employees are not appointed to the role of Leading Hand and as a result the Leading Hand Allowance has no application in the Agreement. An employee appointed as a Supervisor will be paid at the ‘S’ rate in Schedule A of the Agreement.

·   Employees can claim an expense reimbursement for mileage via finance in the event that they are required to use their vehicle, however, under the Agreement, employees are not required to use their own vehicle for the employer’s business. In the extraordinary event that this is required, a company vehicle is available for usage.

·   Under the Agreement, no employee is engaged in a role (Tradesperson or Apprentice) whereby the Tool Allowance is applicable.

1. As a result of the above representations made by the Applicant, I am satisfied that the absences of Leading Hand, Vehicle and Tool Allowances do not present a better off overall test (BOOT) concern.

1. 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 this organisation.

1. 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.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE515553  PR739907>