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

[2024] FWCA 511

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

(AG2023/5554)

AUSDRILL DRILL AND BLAST ENTERPRISE AGREEMENT 2024

Mining industry
DEPUTY PRESIDENT ROBERTS	SYDNEY, 5 FEBRUARY 2024

Application for approval of the Ausdrill Drill and Blast Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Ausdrill Drill and Blast 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 5 February 2028, being four years from the date of approval.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In this case, the applicant, Ausdrill Pty Ltd, trading as Ausdrill Pty Ltd, previously trading as Ausdrill Northwest, sought approval of the Ausdrill Drill and Blast Enterprise Agreement 2024 from the Fair Work Commission. The application was brought under the Fair Work Act 2009, specifically section 235, which provides for the approval of an enterprise agreement that has been registered with the Commission. The nature of the dispute was centred on whether the agreement met the necessary requirements for approval, including provisions regarding pay rates, working conditions, and other terms and conditions of employment.

The central legal issues the court had to decide were whether the agreement was a "better off overall test" (BOOT) compliant enterprise agreement and whether it contained all the prescribed terms required by the Fair Work Act. Furthermore, the court had to determine if the agreement was free from any invalid or unlawful content and whether the process for reaching the agreement was fair and in compliance with the legal standards set by the Act.

The Fair Work Commission examined the agreement in detail, considering the submissions from both parties and the broader context of the industrial relations environment. The court found that the agreement satisfied the BOOT, as it provided employees with a better overall package of pay and conditions than the previous enterprise agreement or applicable awards. Additionally, the agreement included all the prescribed terms and was free from any unlawful content. The process by which the agreement was negotiated and agreed upon was also found to be fair and compliant with the requirements of the Act. As a result, the Commission approved the Ausdrill Drill and Blast Enterprise Agreement 2024.

The final orders of the Fair Work Commission were that the Ausdrill Drill and Blast Enterprise Agreement 2024 be approved as a registered agreement under section 173 of the Fair Work Act 2009. The agreement came into effect on the first day of the first pay period after the registration, as stipulated in section 175 of the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established