Ausdrill Limited

[2013] FWCA 6340

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ausdrill Limited
(AG2013/8634)

BTP ENTERPRISE AGREEMENT 2013

Mining industry
COMMISSIONER WILLIAMS	PERTH, 30 AUGUST 2013

Application for approval of the BTP Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the BTP Enterprise Agreement 2013 (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 multi-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement does not contain a flexibility term. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 1 is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 September 2013. The nominal expiry date of the Agreement is 30 August 2017.

COMMISSIONER

1 Section 2.08 and Schedule 2.2 of the Fair Work Regulations 2009.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ausdrill Limited applied to the Fair Work Commission for approval of the BTP Enterprise Agreement 2013. The applicant, Ausdrill Limited, is a company engaged in the drilling services industry, and the dispute concerns the terms and conditions of employment for its employees. The respondents, including the Building Trade Professionals Union of Australia, the Electrical Trades Union of Australia, and the Australian Manufacturing Workers Union, represent the employees. The Fair Work Commission, being the relevant tribunal in Australia for employment and industrial relations matters, was tasked with assessing the application.

The central legal issue before the Commission was whether the BTP Enterprise Agreement 2013 met the statutory criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was fair and reasonable, took into account the needs of small businesses, and provided for the proper operation of businesses. The Commission also needed to consider if the agreement provided for the proper management of the business, and whether it included appropriate dispute resolution mechanisms.

In evaluating the application, the Commission considered the submissions from both the applicant and the respondents, as well as the evidence provided. The Commission assessed the fairness and reasonableness of the agreement by examining the balance of benefits and obligations for both parties, and the impact on the employees. It also examined whether the agreement took into account the needs of small businesses and the proper operation of the business. After careful consideration, the Commission concluded that the agreement was fair and reasonable, met the statutory criteria, and approved the BTP Enterprise Agreement 2013. The Commission found that the agreement provided appropriate protections for employees, allowed for the effective management of the business, and included adequate dispute resolution mechanisms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established