Lucas Drilling Pty Limited T/A Lucas Drilling Pty Ltd

[2019] FWCA 2901

[2019] FWCA 2901

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lucas Drilling Pty Limited T/A Lucas Drilling Pty Ltd
(AG2019/917)

DIRECTIONAL DRILLING EMPLOYEES AGREEMENT 2019

Oil and gas industry
COMMISSIONER LEE	MELBOURNE, 30 APRIL 2019

Application for approval of the Directional Drilling Employees Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Directional Drilling Employees Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Lucas Drilling Pty Limited T/A Lucas Drilling 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, 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 2.3.6 – Termination of employment;

•  Clause 5.1 – Annual leave;

•  Clause 2.5.3 – Abandonment of employment.

However, noting clause 4 of the undertaking, 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 is approved and, in accordance with s.54 of the Act, will operate from 7 May 2019. The nominal expiry date of the Agreement is 6 May 2022.

COMMISSIONER

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Annexure A