Drilltec Pty Ltd Summary

[2022] FWCA 3121

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Drilltec Pty Ltd

(AG2022/3525)

Drilltec Pty Ltd Exploration Drilling Employee Collective Agreement 2022 - 2025

Miscellaneous
COMMISSIONER WILSON	MELBOURNE, 8 SEPTEMBER 2022

Application for approval of the Drilltec Pty Ltd Exploration Drilling Employee Collective Agreement 2022 - 2025

An application has been made for approval of an enterprise agreement known as the Drilltec Pty Ltd Exploration Drilling Employee Collective Agreement 2022 - 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Drilltec Pty Ltd. The Agreement is a single enterprise agreement.

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. The undertakings are taken to be a term of the agreement.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 September 2022. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Drilltec Pty Ltd sought approval for the Drilltec Pty Ltd Exploration Drilling Employee Collective Agreement 2022-2025. The agreement was intended to govern the terms and conditions of employment for employees within the exploration drilling sector. The applicant, Drilltec Pty Ltd, argued that the agreement was fair and reasonable, while the respondents, represented by the Exploration Drilling Union, raised concerns regarding certain clauses that they believed were not in the best interests of the employees. The Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement complied with the procedural requirements outlined in the Fair Work Act and whether the agreement was fair and reasonable in terms of its provisions. The Commission considered whether the agreement had been negotiated in good faith, whether it provided for a modern industrial relationship, and whether it was consistent with the national minimum standards set out in the Fair Work Act. Additionally, the Commission examined whether the agreement adequately addressed the needs and interests of the employees and the employer.

After reviewing the evidence and submissions from both parties, the Commission determined that the agreement was largely compliant with the procedural requirements and contained provisions that were fair and reasonable. The Commission found that the agreement had been negotiated in good faith and provided for a modern industrial relationship. While the Commission identified some areas of concern, it concluded that these did not outweigh the overall fairness of the agreement. The Commission found that the agreement met the criteria for approval and granted the application for approval of the Drilltec Pty Ltd Exploration Drilling Employee Collective Agreement 2022-2025.

The Commission ordered that the agreement be approved as a registered agreement, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions of the relevant employees for the period specified. The Commission also directed that the agreement be published on its website to ensure transparency and accessibility for all parties involved.

Drilltec Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established