DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Inline Drilling (QLD) Pty Ltd
(AG2018/5872)

INLINE DRILLING (QLD) PTY LTD ENTERPRISE AGREEMENT 2018

Quarrying industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 25 MARCH 2019

Application for approval of the Inline Drilling (QLD) Pty Ltd Enterprise Agreement 2018.

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

[2] 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 4 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement was approved on 25 March 2019 and, in accordance with s.54, will operate from 1 April 2019. The nominal expiry date of the Agreement is 31 March 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

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 2018. The dispute arose between the company and its employees, primarily concerning the terms and conditions of employment under the proposed agreement. The application was heard by the Commission, which was required to determine whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission involved assessing whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it had been made in good faith. Specifically, the Commission needed to consider whether the agreement complied with the ‘better off overall test’ and whether it met the procedural requirements, including whether proper consultation had taken place with the employees. Additionally, the Commission had to ensure that the agreement did not undermine the protection of employees' rights and entitlements as provided under the National Employment Standards and other industrial instruments.

The Fair Work Commission found that the Enterprise Agreement 2018 met the statutory requirements for approval. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions of employment and had been made in good faith. The better off overall test was met as the agreement provided employees with benefits that were at least as good as, or better than, their previous conditions. The Commission also confirmed that the necessary procedural requirements, including proper consultation, had been adhered to. As a result, the Commission approved the agreement under the Fair Work Act 2009.

The final orders of the Commission included the approval of the Inline Drilling (QLD) Pty Ltd Enterprise Agreement 2018, which would now govern the terms and conditions of employment for the employees of the company.

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