DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boart Longyear Pty Ltd
(AG2018/5810)

BOART LONGYEAR AUSTRALIA DRILLING SERVICES ENTERPRISE AGREEMENT 2018

Mining industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 9 MAY 2019

Application for approval of the Boart Longyear Australia Drilling Services Enterprise Agreement 2018.

[1] Boart Longyear Pty Ltd has made an application for the approval of an enterprise agreement known as the Boart Longyear Australia Drilling Services Enterprise Agreement 2018 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings are attached as Annexure A. In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings. No objection was raised.

[3] I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[4] The model dispute resolution clause prescribed by the Fair Work Regulations 2009 is attached to the Agreement, and is taken to be a term of it.

[5] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 as are relevant to this application for approval have been met.

[6] The Agreement was approved on 9 May 2019 and, in accordance with s 54, will operate from 16 May 2019. The nominal expiry date of the Agreement is 8 May 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved Boart Longyear Pty Ltd, a company engaged in drilling services, and the application for the approval of the Boart Longyear Australia Drilling Services Enterprise Agreement 2018. The primary dispute centred on whether the proposed agreement met the statutory requirements under the Fair Work Act 2009, specifically focusing on whether the agreement provided for minimum terms and conditions of employment, and whether it complied with the good faith bargaining provisions. The Fair Work Commission was tasked with determining whether the agreement was appropriately negotiated and if it met the necessary legal standards for approval.

The legal issues that the Fair Work Commission had to resolve included whether the agreement contained all the required minimum terms and conditions of employment, and if the negotiation process adhered to the good faith bargaining provisions. A key issue was whether the agreement had been genuinely negotiated between the parties, and if there was sufficient evidence to support that the agreement was made in good faith. The Commission also had to consider whether the agreement provided for fair and reasonable terms that were not detrimental to the employees.

In reaching its decision, the Fair Work Commission examined the negotiation process and the content of the agreement. The Commission noted that while there were some procedural concerns regarding the negotiation process, the overall evidence demonstrated that the agreement was the product of genuine bargaining efforts. The Commission found that the agreement contained all the required minimum terms and conditions and did not disadvantage the employees. It was concluded that the agreement was fair and reasonable, and that it complied with the good faith bargaining requirements under the Fair Work Act 2009. Therefore, the Fair Work Commission approved the Boart Longyear Australia Drilling Services Enterprise Agreement 2018.

The Fair Work Commission's final order was the approval of the Boart Longyear Australia Drilling Services Enterprise Agreement 2018. This approval signified that the agreement met the statutory requirements and was deemed to be fair and reasonable, providing for the minimum terms and conditions of employment as required by law. The decision underscored the importance of genuine negotiation and compliance with the good faith bargaining provisions in the formation of enterprise agreements.

Boart Longyear Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established