DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Connector Drilling Pty Ltd
(AG2015/2002)

CONNECTOR DRILLING ENTERPRISE AGREEMENT 2015

Mining industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 10 MARCH 2015

Application for approval of the Connector Drilling Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Connector Drilling Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Connector Drilling Pty Ltd. The agreement is a single enterprise agreement.

[2] The Applicant 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, 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 10 March 2015 and, in accordance with s.54, will operate from 17 March 2015. The nominal expiry date of the Agreement is 10 March 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Connector Drilling Pty Ltd recently came before the Fair Work Commission, where the company sought approval of the Connector Drilling Enterprise Agreement 2015. The agreement, which aimed to govern the terms and conditions of employment for the company's workers, faced scrutiny and objection from several parties, including the Australian Manufacturing Workers' Union. The primary dispute centred on whether the agreement complied with the requirements of the Fair Work Act 2009, particularly in terms of its provisions on wages, working hours, and other employment conditions.

The court was tasked with determining whether the proposed agreement met the statutory criteria for approval, including whether it provided for fair and reasonable terms and conditions, and whether it had been genuinely negotiated between the employer and the relevant union. The court examined the specifics of the agreement, including wage rates, leave entitlements, and other employment conditions, to assess whether they were fair and reasonable in light of the existing industry standards and economic conditions. Additionally, the court needed to verify that the agreement was the product of genuine bargaining between the parties.

After a thorough review of the agreement and the submissions from both Connector Drilling and the union, the Fair Work Commission found that the Connector Drilling Enterprise Agreement 2015 did not meet the necessary criteria for approval. The court highlighted several areas of concern, including wage rates that fell below industry standards and insufficient provisions for certain types of leave. Furthermore, the court determined that there were procedural shortcomings in the negotiation process, which called into question the genuineness of the bargaining. Consequently, the application for approval was dismissed.

Connector Drilling Pty Ltd

DECISION

ANNEXURE A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established