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

Case

[2024] FWCA 537

7 FEBRUARY 2024


[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

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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

<AE523476  PR771070>

Annexure A

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