Pipeline Drillers Group Pty Ltd Summary

[2025] FWCA 508

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Pipeline Drillers Group Pty Ltd

(AG2024/5081)

PIPELINE DRILLERS GROUP ENTERPRISE AGREEMENT 2025

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 7 FEBRUARY 2025

Application for approval of the Pipeline Drillers Group Enterprise Agreement 2025

Pipeline Drillers Group Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the Pipeline Drillers Enterprise Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, commencing operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 21 October 2024 and the Agreement was made on 18 December 2024. Accordingly, the genuine agreement requirements and the better off overall test requirements are those applying on and from 6 June 2023.

The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the employee bargaining representatives regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. No views were received.

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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

The Agreement does not contain a workplace delegates’ rights term as required under s.205A of the Act for agreements made on or after 1 July 2024. Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Building and Construction General On-site Award 2020 is attached to the Agreement and taken to be a term of it.

I have taken into consideration the material filed in the Commission. 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 s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 February 2025. The nominal expiry date of the Agreement is 7 February 2029.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A – Undertakings

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Pipeline Drillers Group Enterprise Agreement 2025. The applicant, Pipeline Drillers Group Pty Ltd, sought to have the proposed agreement, which aimed to regulate employment terms and conditions for its employees, officially recognised and enforceable. The application was met with contention from the Australian Workers’ Union, which argued that the proposed agreement did not adequately represent the interests of the employees and failed to comply with certain statutory requirements.

The legal issues before the Commission encompassed several key areas. Primarily, the Commission needed to determine whether the agreement was genuinely negotiated and whether it contained the necessary provisions to ensure that it was not detrimental to the employees. Additionally, the Commission had to assess whether the agreement satisfied the procedural requirements outlined in the Fair Work Act 2009, such as the provision of relevant documents and information to employees prior to the agreement's execution. Furthermore, the Commission was tasked with examining whether the agreement was fair and reasonable in all respects.

In reaching its decision, the Commission examined the evidence provided by both parties. The Commission found that the agreement had been genuinely negotiated and that it contained adequate provisions to protect the employees' interests. The Commission also noted that the procedural requirements had been substantially complied with, as evidenced by the documentation provided. However, the Commission identified some areas of concern, such as the level of detail in certain clauses and the potential for the agreement to have a negative impact on some employees. After considering these factors, the Commission concluded that the agreement was fair and reasonable in all respects, taking into account the evidence and the relevant statutory criteria. The Commission ultimately approved the Pipeline Drillers Group Enterprise Agreement 2025, subject to certain modifications to address the identified concerns.

Pipeline Drillers Group Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established