Noble Drilling Australia Pty Ltd T/A Noble Drilling

[2023] FWCA 3045

[2023] FWCA 3045

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Noble Drilling Australia Pty Ltd T/A Noble Drilling

(AG2023/3106)

NOBLE DRILLING ENTERPRISE AGREEMENT 2023

Oil and gas industry
COMMISSIONER TRAN	MELBOURNE, 19 SEPTEMBER 2023

Application for approval of the Noble Drilling Enterprise Agreement 2023

1. An application has been made for approval of an enterprise agreement known as the Noble Drilling Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (the Act). It has been made by Noble Drilling Australia Pty Ltd T/A Noble Drilling.

1. The Agreement is a single enterprise agreement.

1. 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.

1. I note that Clause 31 is inconsistent with the National Employment Standards (NES), as an employee under the Agreement must notify the employer of any absence as soon as possible or within twenty-four hours, while the NES provides that notice must be provided as soon as practicable. Given the NES precedence clause at Clause 2(c) of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

1. I further note that my chambers issued correspondence on Wednesday, 13 September 2023 conveying my concerns regarding the application of the Agreement to casual employees. Submissions provided by the Applicant on Monday, 18 September 2023 satisfied me that the Agreement does not permit the engagement of casual employees and as a result passes the better off overall test.

1. The Australian Workers’ Union and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being bargaining representatives for the Agreement, have given notice under s 183 of the Act that each organisation wants the Agreement to cover it. In accordance with s 201(2) I note that the Agreement covers both organisations.

1. The Agreement is approved and, in accordance with s 54 of the Act, will operate from 26 September 2023.

1. The nominal expiry date of the Agreement is 26 September 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE521576  PR766407>