DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Easternwell Drilling Labour Hire Pty Ltd
(AG2014/8050)

DRILLING ENTERPRISE AGREEMENT 2014-2018

Mining industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 10 DECEMBER 2014

Application for approval of the Drilling Enterprise Agreement 2014 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Drilling Enterprise Agreement 2014 - 2018 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Easternwell Drilling Labour Hire Pty Ltd. The agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] On 4 December 2014 undertakings were provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertakings. In accordance with s.201(3) of the Act I note that a copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[4] The Agreement is approved and, in accordance with s.54, will operate from 17 December 2014. The nominal expiry date of the Agreement is 20 August 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Easternwell Drilling Labour Hire Pty Ltd was the applicant in a case before the Fair Work Commission, seeking approval for the Drilling Enterprise Agreement 2014-2018. The dispute centred around whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009, specifically considering the fairness and appropriateness of the terms and conditions proposed. The Commission had to assess the agreement's compliance with the Act, including provisions on minimum wages, penalty rates, and other employment conditions.

The primary legal issues revolved around the fairness of the proposed agreement's terms and whether they provided for appropriate conditions that balanced the interests of both employers and employees. The Commission needed to determine if the agreement met the "better off overall test," which requires that no employee would be worse off under the new agreement than they would be under the applicable award or existing enterprise agreement. Additionally, the Commission had to consider whether the agreement complied with the requirements for "single interestedness" and "genuine agreement," ensuring the agreement was negotiated independently and not influenced by any party.

The Commission found that the Drilling Enterprise Agreement 2014-2018 was fair and appropriate. It considered the specific industry context, the negotiations process, and the balance of benefits and detriments for employees. The agreement was deemed to provide fair and reasonable terms that did not disadvantage any employees and met the statutory criteria for approval. Consequently, the Commission approved the agreement, recognising it as a genuine and fair enterprise agreement that appropriately addressed the needs of both parties involved.

In approving the Drilling Enterprise Agreement 2014-2018, the Commission emphasised the importance of fair and balanced negotiations in enterprise agreements. The decision highlights the need for agreements to provide fair terms that comply with statutory requirements, ensuring they are genuinely agreed upon and benefit all parties involved. This ruling serves as a precedent for future agreements within the drilling industry, reinforcing the Commission's role in maintaining fair and equitable employment conditions.

Easternwell Drilling Labour Hire 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