DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ausdrill Limited
(AG2015/5866)

AUSDRILL GROUP MANUFACTURING ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 4 NOVEMBER 2015

Application for approval of the Ausdrill Group Manufacturing Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Ausdrill Group Manufacturing 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, along with several unions, applied to the Fair Work Commission for approval of the Ausdrill Group Manufacturing Enterprise Agreement 2015. The application was contested by the Australian Manufacturing Workers’ Union and the Electrical Trades Union. The primary dispute revolved around the terms and conditions of the proposed enterprise agreement, specifically regarding pay rates, penalty rates, and shift patterns. The Fair Work Commission was tasked with determining whether the agreement met the statutory criteria for approval under the Fair Work Act 2009.

The court had to decide whether the agreement complied with the procedural requirements and whether it provided for fair and reasonable terms and conditions for the employees covered by it. This included examining whether the agreement met the ‘better off overall test’, ensuring that employees would not be worse off financially under the new agreement compared to their previous conditions. The court also had to consider whether the agreement had been genuinely negotiated and if it was in the interests of national systemic importance.

The Fair Work Commission found that the application met the procedural requirements and that the agreement provided for fair and reasonable terms and conditions. The commission concluded that the agreement was genuinely negotiated and that it was in the interests of national systemic importance. The court was satisfied that employees would not be worse off under the new agreement, thus passing the ‘better off overall test’. Consequently, the Fair Work Commission approved the Ausdrill Group Manufacturing Enterprise Agreement 2015.

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