DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ausdrill Limited
(AG2015/5867)

AUSDRILL NORTHWEST ENTERPRISE AGREEMENT 2015

Mining industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 4 NOVEMBER 2015

Application for approval of the Ausdrill Northwest Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Ausdrill Northwest 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 was the applicant before the Fair Work Commission seeking approval for the Ausdrill Northwest Enterprise Agreement 2015. The respondent, United Mine Workers of Australia, opposed the approval of the agreement on various grounds, including that it failed to meet the "better off overall test" and contained terms that were not fairly and reasonably negotiated. The case was heard in the Fair Work Commission, the industrial relations tribunal of Australia.

The legal issues before the court were whether the agreement met the requirements of section 230 of the Fair Work Act 2009, including the better off overall test, and whether the agreement had been fairly and reasonably negotiated. The court had to consider the terms of the agreement, the evidence presented by both parties, and the relevant legislation and case law.

The court found that the agreement met the better off overall test and was fairly and reasonably negotiated. The court noted that the agreement provided for significant wage increases, improved working conditions, and better access to training and development opportunities for employees. The court also found that the respondent had failed to provide sufficient evidence to support its claims that the agreement had not been fairly and reasonably negotiated. The court approved the agreement, and the respondent's application for review was dismissed.

The court's decision provides guidance on the application of the better off overall test and the requirements for fair and reasonable negotiation in enterprise agreements. The decision also highlights the importance of providing sufficient evidence to support claims of unfair and unreasonable negotiation. The approval of the agreement is a significant outcome for Ausdrill Limited and its employees, providing for improved wages and working conditions.

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