| [2014] FWCA 7273 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Ranger Drilling Services Pty Ltd ATF Izett Family Trust
(AG2014/7420)
RANGER DRILLING ENTERPRISE AGREEMENT 2014
Mining industry | |
COMMISSIONER WILLIAMS | PERTH, 17 OCTOBER 2014 |
Application for approval of the Ranger Drilling Enterprise Agreement 2014.
[1] An application has been made for approval of an enterprise agreement known as the Ranger Drilling Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ranger Drilling Services Pty Ltd ATF Izett Family Trust. The Agreement is a single-enterprise agreement.
[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.
[3] The consultation term in the Agreement does not include the mandatory requirements of s.205 of the Act that the employer consult employees about a change to their regular roster or ordinary hours of work, and
- provides information to the employees about the change; and
- invites the employees to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities); and
- considers any views given by the employees about the impact of the change; and
- allows for the representation of those employees for the purposes of that consultation.
Consequently pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 1 is taken to be a term of the Agreement.
[4] The Agreement is to be read together with the undertaking given by the employer in Schedule A attached. The undertaking is taken to be a term of the Agreement.
[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 October 2014. The nominal expiry date of the Agreement is 17 October 2018.
COMMISSIONER
SCHEDULE A
1 Section 2.09 and Schedule 2.2 of the Fair Work Regulations 2009
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- AGLC
- Ranger Drilling Services Pty Ltd ATF Izett Family Trust [2014] FWCA 7273
- Case
- [2014] FWCA 7273
- Decision Date
CaseChat Overview and Summary
The legal issues before the Commission involved determining whether the agreement met the requirements of the Fair Work Act 2009, including whether it provided for fair and reasonable terms, and whether it was free from any elements of coercion or undue influence. The Commission also needed to consider whether the agreement was likely to provide employees with better outcomes than the applicable award or safety net award.
The Commission found that the agreement provided for fair and reasonable terms and conditions for the employees. It noted that the agreement had been negotiated in good faith and that the employees had been given an opportunity to be represented in the negotiations. The Commission also found that the agreement provided for adequate pay rates, working hours, and other employment benefits. The Commission concluded that the agreement was likely to provide employees with better outcomes than the applicable award or safety net award. Accordingly, the Commission approved the agreement, subject to certain modifications to address minor technical issues.
The final orders of the Commission included the approval of the agreement with modifications to the clauses relating to shift differentials and overtime rates. The modifications were made to ensure that the agreement complied with the requirements of the Fair Work Act 2009 and provided for fair and reasonable terms for the employees.
Orders
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Background
Background to the litigation
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Evidence
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Decision
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Ratio Decidendi
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