DECISION

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

Inline Drilling (QLD) Pty Ltd
(AG2015/4316)

INLINE DRILLING (QLD) PTY LTD ENTERPRISE AGREEMENT 2015

Quarrying industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 16 OCTOBER 2015

Application for approval of the Inline Drilling (QLD) Pty Ltd Enterprise Agreement 2015.

[1] Inline Drilling (QLD) Pty Ltd applies for approval of an enterprise agreement known as the Inline Drilling (QLD) Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] On 14 October 2015 an undertaking was provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertaking. In accordance with s.201(3) of the Act I note that a copy of the undertaking is attached to the Agreement and forms part of the Agreement.

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

[4] The Agreement is approved, in accordance with s.54 of the Act, will operate from 23 October 2015. The nominal expiry date of the Agreement is 30 June 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Inline Drilling (QLD) Pty Ltd, the Fair Work Commission was presented with an application for the approval of the Enterprise Agreement 2015. The agreement was submitted by the employer, Inline Drilling (QLD) Pty Ltd, and the employees were represented by the Transport Workers Union of Australia. The primary dispute concerned the terms and conditions of employment outlined in the proposed agreement, specifically whether they met the legal requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission involved assessing whether the agreement contained the necessary minimum terms as prescribed by the Fair Work Act, and whether it was made in good faith and without coercion. Furthermore, the Commission had to determine if the agreement provided for appropriate dispute resolution mechanisms and if it adhered to the provisions concerning the protection of vulnerable employees.

In reaching its decision, the Commission considered the submissions from both parties, the provisions of the Fair Work Act, and relevant precedents. The Commission found that the agreement included all the mandated minimum terms and was made in good faith. The proposed dispute resolution mechanisms were deemed appropriate and compliant with the Act. The Commission also concluded that the agreement adequately protected vulnerable employees, and no element of coercion was evident in its creation. Based on these findings, the Commission approved the Enterprise Agreement 2015, determining that it fulfilled all the statutory requirements for endorsement.

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