DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ausdrill Limited
(AG2015/5863)

AUSDRILL EXPLORATION DRILLING ENTERPRISE AGREEMENT 2015

Mining industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 4 NOVEMBER 2015

Application for approval of the Ausdrill Exploration Drilling Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Ausdrill Exploration Drilling 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 applied to the Fair Work Commission for approval of the Ausdrill Exploration Drilling Enterprise Agreement 2015. The application was made under section 231 of the Fair Work Act 2009. The dispute centred on whether the agreement met the criteria for approval, particularly concerning its compliance with the "better off overall test" and whether it provided fair and reasonable terms for employees.

The Commission needed to determine if the proposed agreement would lead to employees being better off overall compared to their previous conditions. This involved assessing the financial and non-financial benefits of the agreement against existing terms and conditions. Additionally, the Commission had to ensure the agreement complied with the relevant provisions of the Fair Work Act, including those related to the "single industrial instrument" requirement.

In its decision, the Fair Work Commission found that the proposed agreement did indeed meet the "better off overall test." The Commission concluded that the agreement provided employees with fair and reasonable terms, including improved wages and conditions. The Commission also confirmed that the agreement complied with the requirements of the Fair Work Act. As a result, the application for approval was granted, and the Ausdrill Exploration Drilling Enterprise Agreement 2015 was approved as a registered 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