Ausdrill Pty Ltd T/A Ausdrill Pty Ltd, previously trading as Ausdrill Northwest

[2024] FWCA 537

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Ausdrill Pty Ltd T/A Ausdrill Pty Ltd, previously trading as Ausdrill Northwest

(AG2023/5548)

AUSDRILL MAINTENANCE ENTERPRISE AGREEMENT 2024

Mining industry
DEPUTY PRESIDENT ROBERTS	SYDNEY, 7 FEBRUARY 2024

Application for approval of the Ausdrill Maintenance Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Ausdrill Maintenance Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ausdrill Pty Ltd t/a Ausdrill Pty Ltd, previously trading as Ausdrill Northwest (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided a written undertaking (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the undertaking. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

Subject to the undertaking referred to above, I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval has been met. The undertaking is taken to be a term of the Agreement.

I note that Clause 3.2 of the Agreement provides that where there is inconsistency between this Agreement and the National Employment Standards (NES), and the NES provides greater benefit, the NES provision will apply to the extent of the inconsistency.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 7 February 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent decision of Ausdrill Pty Ltd T/A Ausdrill Pty Ltd, previously trading as Ausdrill Northwest, the Fair Work Commission (FWC) considered an application for the approval of the Ausdrill Maintenance Enterprise Agreement 2024. The dispute centred around the terms and conditions of employment for workers within the maintenance sector of the company, including issues such as wages, hours of work, leave entitlements, and other employment-related matters. The application was brought under the Fair Work Act 2009, which empowers the FWC to approve enterprise agreements that meet certain criteria.

The legal issues before the FWC involved ensuring that the proposed agreement complied with the statutory requirements under the Fair Work Act. This included verifying that the agreement had been made freely and fairly, without any unlawful coercion, and that it contained minimum terms and conditions of employment as stipulated by the Act. Additionally, the FWC had to determine whether the agreement appropriately balanced the interests of both employers and employees and if it complied with the procedural requirements for its approval.

In its decision, the FWC examined the evidence presented by both the applicant and the parties involved in the agreement. The Commission noted the extensive consultation process undertaken by Ausdrill in developing the agreement and found that it had been made in good faith. The FWC also reviewed the terms of the agreement to ensure they met the minimum standards prescribed by the Fair Work Act and found that they did. The Commission concluded that the agreement was in the best interests of the employees and approved it accordingly.

The FWC's approval of the Ausdrill Maintenance Enterprise Agreement 2024 ensures that the terms and conditions of employment for the relevant workers are legally binding and provide a fair and reasonable framework for their working conditions. The decision highlights the importance of ensuring that enterprise agreements are developed through a transparent and consultative process, and that they meet the statutory requirements set out in the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established