Noble Drilling Australia Pty Ltd T/A Noble Drilling

[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

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.

The Agreement is a single enterprise agreement.

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.

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.

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.

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.

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

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Noble Drilling Australia Pty Ltd, trading as Noble Drilling, applied for approval of the Noble Drilling Enterprise Agreement 2023 before the Fair Work Commission. The dispute centred around the terms of the proposed agreement, which sought to govern the employment conditions of its workers. The Commission was tasked with determining whether the agreement was in the best interests of the employees, and whether it complied with relevant statutory requirements under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement provided adequate protections and benefits for the employees, and if it was fair and reasonable in all its terms. This included assessing the agreement's provisions on wages, working conditions, dispute resolution mechanisms, and other employment terms. The Commission also considered whether the agreement had been made in good faith and if it adequately reflected the needs and interests of the workforce.

In its decision, the Commission examined the evidence and submissions provided by both parties. It found that the agreement, while generally fair, contained some provisions that did not adequately protect the interests of the employees. However, the Commission concluded that the overall balance of the agreement was fair and reasonable, and it approved the agreement subject to certain modifications. These modifications were aimed at ensuring that the employees received fair compensation and appropriate protections under the agreement.

The Commission's final order approved the Noble Drilling Enterprise Agreement 2023, with the specified modifications, to be effective from the date of the decision. This decision ensures that the agreement now meets the necessary legal standards and provides a fair framework for the employment relationship between Noble Drilling and its employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established