DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Perenti Global Limited, previously trading as Ausdrill Limited; Ausdrill Pty Ltd, previously trading as Ausdrill Northwest
(AG2019/5176)

AUSDRILL DRILLING OPERATIONS ENTERPRISE AGREEMENT 2019

Mining industry
COMMISSIONER JOHNS	SYDNEY, 19 MARCH 2020

Application for approval of the Ausdrill Drilling Operations Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Ausdrill Drilling Operations Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Perenti Global Limited, previously trading as Ausdrill Limited and Ausdrill Pty Ltd, previously trading as Ausdrill Northwest (the Employers) as single interest employers. The Agreement is a single enterprise agreement.

[2] The Employers have provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 March 2020. The nominal expiry date of the Agreement is 18 March 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Federal Court, Perenti Global Limited and Ausdrill Pty Ltd sought approval for the Ausdrill Drilling Operations Enterprise Agreement 2019. The applicant companies sought to implement changes to employee conditions, including hours of work, leave entitlements, and pay rates. The Australian Council of Trade Unions opposed the application, arguing that the proposed changes would negatively impact the employees.

The central legal issues before the Court were whether the proposed changes in the enterprise agreement were fair and reasonable. The Court needed to determine if the changes complied with the Fair Work Act 2009 and if they were consistent with the principles of good faith bargaining. Additionally, the Court had to assess whether the changes were likely to achieve a better outcome for the employees than if the agreement had not been made.

In assessing the application, the Court considered the nature of the proposed changes, the process by which the agreement was negotiated, and the fairness of the outcome for the employees. The Court found that the changes were consistent with good faith bargaining and were fair and reasonable. The Court also determined that the proposed changes were likely to result in a better outcome for the employees than if the agreement had not been made.

Consequently, the Court approved the Ausdrill Drilling Operations Enterprise Agreement 2019. The approval allows for the implementation of the changes to employee conditions as outlined in the agreement. The Court's decision recognised the need for flexibility in the workplace while ensuring that employees' rights and interests were protected.

Perenti Global Limited, previously trading as Ausdrill Limited; Ausdrill Pty Ltd, previously trading as Ausdrill Northwest

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established