DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ausdrill Limited
(AG2015/5860)

AUSDRILL DRILL AND BLAST ENTERPRISE AGREEMENT 2015

Mining industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 4 NOVEMNER 2015

Application for approval of the Ausdrill Drill and Blast Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Ausdrill Drill and Blast 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 Ausdrill Limited. 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] The Agreement was approved on 4 November 2015 and, in accordance with s.54, will operate from 11 November 2015. The nominal expiry date of the Agreement is 4 November 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Ausdrill Limited brought an application before the Fair Work Commission for the approval of the Ausdrill Drill and Blast Enterprise Agreement 2015. The agreement was a product of negotiations between the employer and the union representing the employees, which aimed to regulate the terms and conditions of employment. The union sought to have the agreement approved, while the employer opposed the application, contending that the agreement failed to meet the necessary standards under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed agreement satisfied the requirements set out in the Fair Work Act. Specifically, the court had to determine if the agreement was a genuine enterprise agreement, made in good faith, and whether it met the "better off overall test" (BOOT) which required that no party to the agreement be worse off than they would be under the applicable award or safety net minimum terms. The employer challenged the agreement on various grounds, including the adequacy of the consultation process and the failure to adequately address specific issues raised by the employer.

The Fair Work Commission examined the evidence and arguments presented by both parties and found that the agreement was indeed a genuine enterprise agreement made in good faith. The Commission considered the extensive consultation process undertaken by the parties and found that the agreement met the BOOT. The Commission noted that the agreement provided employees with improved conditions, including better wages and conditions than those provided by the applicable award. The Commission was satisfied that the agreement was fair and reasonable and approved the Ausdrill Drill and Blast Enterprise Agreement 2015.

The Fair Work Commission approved the Ausdrill Drill and Blast Enterprise Agreement 2015, finding it to be a genuine enterprise agreement made in good faith and meeting the better off overall test. The agreement was approved and will now regulate the terms and conditions of employment for the employees covered by the agreement.

Ausdrill Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established