Pipeline Drillers Group Summary

[2016] FWCA 1729

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Pipeline Drillers Group Pty Ltd

(AG2016/2279)

PIPELINE DRILLERS GROUP ENTERPRISE AGREEMENT 2016-2017

Building, metal and civil construction industries

COMMISSIONER GREGORY

MELBOURNE, 21 MARCH 2016

Application for approval of the Pipeline Drillers Group Enterprise Agreement 2016-2017.

[1] An application has been made for approval of an enterprise agreement known as the

Pipeline Drillers Group Enterprise Agreement 2016-2017 (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. The Agreement is a single enterprise agreement.

[2] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from

28 March 2016. The nominal expiry date of the Agreement is 20 March 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Pipeline Drillers Group Pty Ltd applied for approval of their enterprise agreement, the Pipeline Drillers Group Enterprise Agreement 2016-2017, under section 185 of the Fair Work Act 2009. The agreement was a single enterprise agreement covering the building, metal, and civil construction industries. The applicant sought to have the agreement approved by the Fair Work Commission, which is responsible for approving enterprise agreements under the Fair Work Act. The Commissioner was satisfied that all relevant requirements under sections 186, 187, and 188 of the Act had been met.

The legal issues in this case involved determining whether the Pipeline Drillers Group Enterprise Agreement 2016-2017 complied with the requirements of the Fair Work Act and whether the agreement met the necessary criteria for approval. The Commissioner examined whether the agreement contained all the necessary terms and conditions, whether it was made in good faith, and whether it provided for the appropriate bargaining process. The Commissioner also considered whether the agreement met the criteria for approval, including whether it contained terms that were not less favourable than the applicable awards or the safety net.

The Commissioner found that the Pipeline Drillers Group Enterprise Agreement 2016-2017 complied with all the relevant requirements of the Fair Work Act and met the criteria for approval. The agreement contained all the necessary terms and conditions, was made in good faith, and provided for the appropriate bargaining process. The Commissioner was satisfied that the agreement contained terms that were not less favourable than the applicable awards or the safety net. The Commissioner approved the agreement, which will operate from 28 March 2016 and will expire on 20 March 2017. The Commissioner's decision was based on the evidence and submissions presented by the parties, and the Commissioner was satisfied that the agreement was in the best interests of the employees and the employer.

Pipeline Drillers Group

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established