Impact Drill and Blast Pty Limited; Impact Drill and Blast (NSW) Pty Ltd; Impact Drill and Blast (QLD) Pty Ltd

[2013] FWCA 8277

FAIR WORK COMMISSION

DECISION

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

Impact Drill and Blast Pty Limited; Impact Drill and Blast (NSW) Pty Ltd; Impact Drill and Blast (QLD) Pty Ltd
(AG2013/9583)

IMPACT DRILL AND BLAST (DRILLERS) ENTERPRISE AGREEMENT 2013

Quarrying industry
COMMISSIONER LEWIN	MELBOURNE, 22 OCTOBER 2013

Application for approval of the Impact Drill and Blast (Drillers) Enterprise Agreement 2013.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) for approval of an Enterprise Agreement known as the Impact Drill and Blast (Drillers) Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Impact Drill and Blast Pty Limited & Impact Drill and Blast (NSW) Pty Ltd and Another (Impact). The Agreement is a single Enterprise Agreement.

[2] The application for approval of this Agreement was filed by Mr Rodney Krins, Group Manager, Impact, on 25 September 2013.

[3] One non Union Employee Bargaining Representative was listed on the application.

[4] The Agreement was listed for e-hearing, in chambers before me at 11:30am on Tuesday, 22 October 2013.

[5] 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.

[6] The Agreement is approved and in accordance with s.54 of the Act will operate from the seven days after the date of approval of the Agreement by the Fair Work Commission. The nominal expiry date of the Agreement is 29 October 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Impact Drill and Blast Pty Limited, along with its subsidiaries, Impact Drill and Blast (NSW) Pty Ltd and Impact Drill and Blast (QLD) Pty Ltd, to have the Impact Drill and Blast (Drillers) Enterprise Agreement 2013 approved by the Fair Work Commission. The application arose from the need to formalise the terms and conditions of employment for the drilling workforce across these entities. The Fair Work Commission was tasked with determining whether the agreement met the legal criteria for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement was genuinely negotiated, whether it provided for fair and reasonable terms, and whether it complied with the procedural requirements set out in the legislation. The Commission needed to consider submissions from both the applicant companies and any relevant employee representatives, along with any other stakeholders who had an interest in the agreement. The Commission also had to ensure that the agreement did not contain any terms that were contrary to public policy or that would undermine the protections afforded to employees under the Fair Work Act.

In reaching its decision, the Fair Work Commission evaluated the negotiation process and the content of the agreement. The Commission found that the agreement had been genuinely negotiated between the parties, as evidenced by the submissions and the process detailed in the application. It also concluded that the terms of the agreement were fair and reasonable, taking into account the nature of the industry and the specific roles of the employees covered by the agreement. The Commission confirmed that the agreement complied with the procedural requirements of the Fair Work Act and did not contain any terms that were contrary to public policy. Based on these findings, the Fair Work Commission approved the Impact Drill and Blast (Drillers) Enterprise Agreement 2013.

As a result of the Fair Work Commission's approval, the agreement will now serve as the basis for the terms and conditions of employment for the drilling workforce employed by the applicant companies. The approval ensures that the agreement is legally enforceable and provides a framework for the ongoing employment relationship between the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established