DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pipeline Drillers Group Pty Ltd T/A Pipeline Drillers Group
(AG2017/756)

PIPELINE DRILLERS GROUP ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 19 APRIL 2017

Application for approval of the Pipeline Drillers Group Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Pipeline Drillers Group Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Pipeline Drillers Group Pty Ltd T/A Pipeline Drillers Group. The Agreement is a single enterprise agreement.

[2] The Applicant has 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.

[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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 19 April 2017 and, in accordance with s.54, will operate from 26 April 2017. The nominal expiry date of the Agreement is 19 April 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Pipeline Drillers Group Pty Ltd T/A Pipeline Drillers Group applied to the Fair Work Commission for approval of the Pipeline Drillers Group Enterprise Agreement 2017. The application arose from a dispute between the applicant and the Australian Manufacturing Workers' Union. The applicant sought to implement changes to employee entitlements and conditions, which the union opposed. The Fair Work Commission was required to determine whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The central legal issue was whether the enterprise agreement complied with the procedural and substantive requirements of the Fair Work Act. Procedurally, the agreement had to be made in good faith, and the Commission had to be satisfied that the agreement had been fairly negotiated. Substantively, the agreement had to meet the "better off overall test," meaning that employees covered by the agreement should not be worse off than if the agreement had not been made. The Commission also had to consider whether the agreement contained appropriate provisions for the protection of employees' rights and interests.

In considering the application, the Commission found that the agreement had been made in good faith and had been fairly negotiated. The Commission was satisfied that the agreement met the better off overall test and contained appropriate provisions for the protection of employees' rights and interests. The Commission approved the enterprise agreement, finding that it complied with the statutory requirements for approval under the Fair Work Act.

The Fair Work Commission approved the Pipeline Drillers Group Enterprise Agreement 2017, finding that it met the statutory requirements for approval under the Fair Work Act. The agreement is now legally binding on the applicant and all employees covered by the agreement. The union's objections to the proposed changes were dismissed, and the agreement will come into effect as approved by the Commission.

Pipeline Drillers Group Pty Ltd T/A Pipeline Drillers Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established