Boart Longyear Australia Pty Ltd Summary

[2013] FWCA 5819

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Boart Longyear Australia Pty Ltd
(AG2013/6982)

BOART LONGYEAR AUSTRALIA DRILLING SERVICES ENTERPRISE AGREEMENT 2013

Mining industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 16 AUGUST 2013

Application for approval of the Boart Longyear Australia Drilling Services Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Boart Longyear Australia Drilling Services 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 Boart Longyear Australia Pty Ltd. The agreement is a single-enterprise agreement.

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

[3] The Australian Workers’ Union, being the bargaining representative for the Agreement, has given notice under s.183 of the Act that the organisation wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] On 15 August 2013 undertakings were provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertakings. In accordance with s.201(3) of the Act I note that a copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[5] The Agreement is approved and, in accordance with s.54, will operate from 23 August 2013. The nominal expiry date of the Agreement is 16 August 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Boart Longyear Australia Pty Ltd, applied to the Fair Work Commission for approval of the Boart Longyear Australia Drilling Services Enterprise Agreement 2013. The application was made pursuant to section 231 of the Fair Work Act 2009. The dispute centred on the terms of the proposed enterprise agreement, which aimed to regulate the employment conditions of drilling services employees within the company.

The primary legal issues the court had to decide were whether the agreement met the requirements of the Fair Work Act and the Fair Work Regulations 2009, and if it provided for the fair and equitable treatment of employees. The court also had to consider whether the agreement contained all the mandated terms as stipulated by the legislation. Additionally, the court examined whether the agreement was made in good faith and if it provided for the proper protection of employees' rights.

The Fair Work Commission found that the agreement was procedurally valid and met the criteria set out in the Fair Work Act and the Fair Work Regulations. The court considered the process by which the agreement was made, including the participation of employee representatives and the consultation with employees. It was determined that the agreement was made in good faith and provided for the proper protection of employees' rights. The court also found that the agreement contained all the mandated terms and provided for the fair and equitable treatment of employees.

The Fair Work Commission approved the Boart Longyear Australia Drilling Services Enterprise Agreement 2013, subject to the terms and conditions set out in the decision. The approval ensures that the agreement is legally binding on the parties and that the employment conditions of the employees are regulated by the terms of the agreement.

Boart Longyear Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established