DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ausdrill Limited
(AG2015/5865)

AUSDRILL GROUP MAINTENANCE ENTERPRISE AGREEMENT 2015

Mining industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 4 NOVEMBER 2015

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

[1] An application has been made for approval of an enterprise agreement known as the Ausdrill Group Maintenance 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 Group Maintenance Enterprise Agreement 2015. The application was opposed by a number of unions. The primary dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues that the Commission had to decide included whether the agreement had been made in good faith, whether it contained the minimum terms and conditions required by law, and whether it had been made in accordance with the processes set out in the Act. The Commission also needed to consider whether the agreement was in the best interests of the employees it covered.

In delivering its decision, the Commission examined the evidence presented by both the applicant and the opposing parties. The Commission found that the agreement had been made in good faith and contained the necessary minimum terms and conditions. The Commission also concluded that the agreement was in the best interests of the employees it covered, taking into account the views of the unions and the employees themselves. The Commission approved the agreement, subject to certain modifications to address the concerns raised by the unions.

The final orders included the approval of the Ausdrill Group Maintenance Enterprise Agreement 2015, with modifications to the agreement as outlined in the decision. The Commission also ordered that the applicant provide certain information to the unions and the employees, and that the applicant and the unions take certain steps to ensure that the agreement was properly implemented.

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