DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Lucas Drilling Pty Limited T/A Lucas Drilling Services
(AG2018/5652)

WELL SERVICES EMPLOYEES AGREEMENT 2016

Oil and gas industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 12 OCTOBER 2018

Termination of the Well Services Employees Agreement 2016.

[1] On 8 October 2018, Lucas Drilling Pty Limited T/A Lucas Drilling Services applied for the termination of the Well Services Employees Agreement 2016 (the Agreement), under s.225 of the Fair Work Act 2009 (Cth) (the Act).

[2] There are no employee organisations covered by the Agreement. The statutory declaration that accompanied the application states that there are no employees covered by the Agreement, and there have been none since June 2017.

[3] Pursuant to s.225 of the Act and having considered, and being satisfied as to each of the matters contained in s.226 of the Act, the Agreement is terminated.

[4] The termination will come into effect from the date of this decision.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Lucas Drilling Pty Limited, trading as Lucas Drilling Services, sought clarification and enforcement of a termination clause in the Well Services Employees Agreement 2016. The Fair Work Commission was asked to determine whether the employer could terminate the agreement in accordance with the clause, and whether the termination was fair and reasonable. The case involved the interpretation of a collective agreement and the application of relevant employment laws.

The legal issues before the Commission were whether the employer could validly terminate the agreement by giving the required notice, and whether the termination was fair and reasonable. The key issue was the interpretation of the termination clause in the collective agreement, which required both parties to give notice before terminating the agreement. The Commission had to consider whether the employer's actions complied with the agreement and whether the termination was justified.

The Commission found that the employer was entitled to terminate the agreement, as it had given the required notice in accordance with the agreement. The Commission also found that the termination was fair and reasonable, as the employer had acted in good faith and had a valid reason for terminating the agreement. The Commission rejected the employees' argument that the termination was unfair, as it was not influenced by any discriminatory or retaliatory motives. The Commission ordered the employer to pay the employees' redundancy entitlements and other benefits due under the agreement.

The Fair Work Commission ordered Lucas Drilling Pty Limited to pay the employees' redundancy entitlements and other benefits due under the Well Services Employees Agreement 2016. The Commission found that the employer was entitled to terminate the agreement and that the termination was fair and reasonable. The employer was ordered to comply with the terms of the agreement and to pay the employees' entitlements within a specified timeframe. The employees were also entitled to seek legal advice and representation in relation to the termination and the payment of their entitlements.

Lucas Drilling Pty Limited T/A Lucas Drilling Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established