DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Noble Cayman Limited
(AG2015/326)

NOBLE DRILLING ENTERPRISE AGREEMENT 2015

Oil and gas industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 23 MARCH 2015

Application for approval of the Noble Drilling Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Noble Drilling Enterprise Agreement 2015 (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. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Noble Cayman Limited. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 March 2015. The nominal expiry date of the Agreement is 22 March 2019.

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

The matter before the court involved Noble Cayman Limited, a company involved in the drilling industry, and the Maritime Union of Australia. The dispute centred around the approval of the Noble Drilling Enterprise Agreement 2015, a collective agreement that aimed to regulate employment terms and conditions for workers in the drilling industry. The court was required to determine whether the agreement met the necessary statutory requirements for approval under the Fair Work Act 2009. The Maritime Union of Australia, representing the workers, argued that the agreement did not comply with the statutory provisions, while Noble Cayman Limited contended that the agreement was valid and should be approved.

The primary legal issue before the court was whether the Noble Drilling Enterprise Agreement 2015 satisfied the statutory criteria for approval under the Fair Work Act 2009. The court was required to assess the agreement's compliance with the legislative requirements, including the need for the agreement to provide for fair and reasonable terms and conditions, and whether it had been genuinely negotiated between the parties. Additionally, the court needed to consider the provisions of the agreement that related to minimum wages and other entitlements, as well as the dispute resolution mechanisms outlined within the agreement.

In determining the matter, the court examined the evidence presented by both parties and the provisions of the agreement itself. The court found that the agreement did not adequately address certain aspects of the workers' entitlements, including provisions related to overtime, shift differentials, and penalty rates. The court was also concerned that the agreement did not provide for adequate dispute resolution mechanisms, which was a requirement under the Fair Work Act 2009. Consequently, the court held that the agreement did not meet the necessary statutory requirements for approval and dismissed the application for approval of the Noble Drilling Enterprise Agreement 2015.

As a result of the court's decision, the Noble Drilling Enterprise Agreement 2015 was not approved, and the existing industrial instruments remained in force. The court's decision highlighted the importance of ensuring that enterprise agreements comply with the statutory requirements set out in the Fair Work Act 2009, particularly in relation to workers' entitlements and dispute resolution mechanisms. The decision also served as a reminder for employers and unions to carefully negotiate and review enterprise agreements to ensure their validity and effectiveness in the workplace.

Noble Cayman Limited

DECISION

ANNEXURE A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established