Centennial Drilling Services Pty Ltd T/A Centennial Drilling Services Pty Ltd & Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 1710

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Centennial Drilling Services Pty Ltd T/A Centennial Drilling Services Pty Ltd & Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/1716)

APPLICATION FOR APPROVAL OF THE CENTENNIAL DRILLING SERVICES ENTERPRISE AGREEMENT 2023

Coal industry
COMMISSIONER JOHNS	MELBOURNE, 13 JUNE 2023

Application for approval of the Centennial Drilling Services Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the CENTENNIAL DRILLING SERVICES ENTERPRISE AGREEMENT 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Centennial Drilling Services Pty Ltd T/A Centennial Drilling Services Pty Ltd & Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

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.

The Construction, Forestry, Maritime, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 June 2023. The nominal expiry date of the Agreement is 21 March 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the matter before the Commission was an application by Centennial Drilling Services Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union for approval of the Centennial Drilling Services Enterprise Agreement 2023. The dispute centred around the terms and conditions outlined in the proposed enterprise agreement, which was intended to govern the employment relationship between Centennial Drilling Services and its employees represented by the union. The Commission was tasked with determining whether the agreement met the necessary criteria for registration under the Fair Work Act 2009.

The primary legal issues before the Commission involved assessing whether the agreement complied with the procedural requirements for registration and whether it contained provisions that were contrary to the public interest or inconsistent with the national employment standards. The Commission considered the agreement's provisions on wages, hours of work, leave entitlements, and other employment conditions, ensuring they aligned with the statutory framework governing industrial relations in Australia.

Upon examining the agreement, the Commission found that it adhered to the necessary procedural requirements and contained no provisions that were contrary to the public interest or inconsistent with the national employment standards. The Commission approved the agreement, noting that it provided fair and reasonable terms for the employees, and was a genuine bargain between the employer and the union. The decision was based on the comprehensive review of the agreement's provisions and the evidence presented by both parties during the hearing.

The Fair Work Commission approved the Centennial Drilling Services Enterprise Agreement 2023, registering it under the Fair Work Act 2009. The agreement will now govern the employment relationship between Centennial Drilling Services and its employees represented by the Construction, Forestry, Maritime, Mining and Energy Union, providing a framework for fair and reasonable terms and conditions of employment.

Centennial Drilling Services Pty Ltd T/A Centennial Drilling Services Pty Ltd & Construction, Forestry, Maritime, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established