DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Inline Drilling (QLD) Pty Ltd
(AG2017/1663)

INLINE DRILLING (QLD) PTY LTD ENTERPRISE AGREEMENT 2015

Quarrying industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 23 MAY 2017

Variation of the Inline Drilling (QLD) Pty Ltd Enterprise Agreement 2015

[1] An application has been made for approval of a variation to an enterprise agreement known as the Inline Drilling (QLD) Pty Ltd Enterprise Agreement 2015 (Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (Act) by Inline Drilling (QLD) Pty Ltd (the employer). The Agreement is a single enterprise agreement.

[2] The employer filed a statutory declaration in support of the application which was declared by Clinton Sutton, Director of the employer.

[3] I am satisfied that each of the requirements of ss.210 and 211 as are relevant to this application for approval of a variation have been met, and I am satisfied that had an application been made under s.185 of the Act for the approval of the Agreement as proposed to be varied, I would have been required to approve the agreement under s.186 of the Act.

[4] The variation to the Agreement is attached to this decision as Annexure A.

[5] The consolidated version of the Agreement, as varied, is attached to this decision. In accordance with s.216 of the Act the variation will operate on and from 23 May 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, Inline Drilling (QLD) Pty Ltd brought an application seeking variation of the Inline Drilling (QLD) Pty Ltd Enterprise Agreement 2015. The application was brought under section 230 of the Fair Work Act 2009. The dispute centred around various amendments to the existing agreement, including changes to employee classification, wages, and working conditions.

The central legal issues the Commission had to address were whether the proposed changes to the enterprise agreement were fair and reasonable. This involved considering the application of the "better off overall test" as outlined in section 230(2) of the Fair Work Act. The Commission also had to assess whether the proposed changes were necessary to accommodate changed circumstances, as stipulated in section 230(3) of the Act. This required a detailed examination of the economic and operational context in which the enterprise operates, as well as the impact of the proposed changes on both the employer and the employees.

In its decision, the Fair Work Commission found that the proposed changes to the enterprise agreement were fair and reasonable. The Commission determined that the changes would result in employees being better off overall, taking into account factors such as wage increases, improved working conditions, and adjustments to employee classification. The Commission also concluded that the changes were necessary to accommodate changed circumstances, such as the economic environment and industry standards. Consequently, the Commission approved the variations to the enterprise agreement.

The Fair Work Commission ordered that the Inline Drilling (QLD) Pty Ltd Enterprise Agreement 2015 be varied as per the application, with the changes to take effect from the date specified in the decision. The parties were directed to implement the varied agreement in accordance with the terms set out in the decision.

Inline Drilling (QLD) 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