DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Centennial Drilling Services Pty Ltd
(AG2018/5457)

CENTENNIAL DRILLING SERVICES ENTERPRISE AGREEMENT 2018

Coal industry
COMMISSIONER JOHNS	MELBOURNE, 22 MARCH 2019

Application for approval of the Centennial Drilling Services Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Centennial Drilling Services Enterprise Agreement 2018 (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. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, 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.

[4] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 March 2019. The nominal expiry date of the Agreement is 21 March 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Centennial Drilling Services Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement, the Centennial Drilling Services Enterprise Agreement 2018. The application was opposed by the Drilling Services Union, who raised concerns regarding the terms of the agreement, particularly those relating to the classification of employees and the potential impact on employee entitlements. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement appropriately classified employees and ensured that they were not disadvantaged in terms of their pay and conditions. The Commission also had to consider whether the agreement provided for fair and reasonable terms and conditions of employment and whether it was consistent with the principles of the Fair Work Act. Furthermore, the Commission needed to assess whether the agreement had been genuinely negotiated and whether it complied with any relevant minimum standards.

The Commission found that the agreement had been genuinely negotiated and contained provisions that were fair and reasonable. It determined that the classification of employees was appropriate and did not disadvantage them in terms of their pay and conditions. The Commission also concluded that the agreement complied with the minimum standards set out in the Fair Work Act. As a result, the Fair Work Commission approved the Centennial Drilling Services Enterprise Agreement 2018, finding that it met the necessary criteria for approval under the Act. The Commission issued a certificate of registration for the agreement, which is now legally binding on the parties.

Centennial Drilling Services 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