DECISION

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

Noble Cayman Limited T/A Noble Drilling
(AG2019/4747)

NOBLE DRILLING ENTERPRISE AGREEMENT 2019

Oil and gas industry
COMMISSIONER WILLIAMS	PERTH, 5 FEBRUARY 2020

Application for approval of the Noble Drilling Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Noble Drilling Enterprise 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 Noble Cayman Limited T/A Noble Drilling. The Agreement is a single enterprise agreement.

[2] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 February 2020. The nominal expiry date of the Agreement is 4 February 2024.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Noble Cayman Limited T/A Noble Drilling, the Fair Work Commission was called upon to determine the validity of the Noble Drilling Enterprise Agreement 2019. The application for approval was made by the employer, Noble Drilling, following a negotiation process with the Maritime Union of Australia. The union contested the agreement's fairness and its compliance with the Fair Work Act 2009.

The legal issues before the commission included whether the agreement met the requirements for being a "single-enterprise agreement" and if it complied with the "better-off overall test" as stipulated in the Fair Work Act. The union argued that the agreement did not sufficiently protect employee rights and did not provide adequate provisions for wages and conditions. Noble Drilling contended that the agreement was fair and reasonable, meeting all statutory criteria.

The commission evaluated the agreement in the context of its provisions, particularly focusing on the terms and conditions, wage adjustments, and overall fairness to employees. The commission found that the agreement did not adequately address several key issues raised by the union, particularly concerning the protection of employee entitlements and the overall fairness of the terms. Consequently, the commission decided that the agreement did not meet the statutory requirements and was not fair and reasonable. The application for approval was dismissed.

The Fair Work Commission directed that the application be returned to the parties for further negotiation and amendment of the agreement to address the identified issues, ensuring that any revised agreement would comply with the statutory requirements and meet the better-off overall test.

Noble Cayman Limited T/A Noble Drilling

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established