DJ Coughlan Drilling Pty Ltd Summary

[2013] FWCA 9565

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DJ Coughlan Drilling Pty Ltd
(AG2013/10126)

DJ COUGHLAN DRILLING PTY LTD ENTERPRISE AGREEMENT 2013

Mining industry
DEPUTY PRESIDENT BARTEL	ADELAIDE, 6 DECEMBER 2013

Application for approval of the DJ Coughlan Drilling Pty Ltd Enterprise Agreement 2013.

[1] An application for approval of an enterprise agreement known as the DJ Coughlan Drilling Pty Ltd Enterprise Agreement 2013 (the Agreement) has been made by DJ Coughlan Drilling Pty Ltd (the employer). The application has been made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is an application for a single-enterprise agreement.

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

[3] The Agreement is approved. In accordance with s.54(1) of the Act the Agreement will operate from 13 December 2013. The nominal expiry date of the Agreement is 31 October 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, DJ Coughlan Drilling Pty Ltd, sought approval of an enterprise agreement that was to apply to its employees. The agreement was negotiated with the relevant union. The dispute centred on whether the agreement complied with the relevant provisions of the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement met the formal requirements for an enterprise agreement under the Act, including whether it contained all the prescribed terms, and whether the negotiation process was procedurally fair. Additionally, the Commission had to consider whether the agreement provided for appropriate safeguards for employees' rights and conditions of employment.

The Commission examined the agreement in detail and found that it contained all the necessary prescribed terms and was the product of a fair negotiation process. The Commission noted that the agreement provided for a range of employee protections, including provisions for minimum rates of pay, penalties for breaches, and dispute resolution mechanisms. The Commission was satisfied that the agreement was in the best interests of the employees and approved it, finding that it met the requirements of the Act.

The Commission's decision was final and binding, and the enterprise agreement was approved. The agreement would now apply to the employees of DJ Coughlan Drilling Pty Ltd, and the terms and conditions of employment would be governed by the agreement rather than the applicable awards or other industrial instruments.

DJ Coughlan Drilling Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established