Regional Drilling Pty Ltd ATFT Red Ridge Family Trust

[2015] FWCA 2654

[2015] FWCA 2654

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

Regional Drilling Pty Ltd ATFT Red Ridge Family Trust
(AG2015/714)

REGIONAL DRILLING PTY LTD WHEATSTONE PROJECT AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 17 APRIL 2015

Application for approval of the Regional Drilling Pty Ltd Wheatstone Project Agreement 2015.

[1] An application has been made for approval of a greenfields agreement known as the Regional Drilling Pty Ltd Wheatstone Project Agreement 2015 (Agreement). The application was made by Regional Drilling Pty Ltd ATFT Red Ridge Family Trust pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] The Applicant has provided an undertaking in relation to clause 24(3) and clause 26 of the Agreement. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking has become a term of the Agreement in accordance with s.191(2) of the Act and is appended to this decision at Appendix A.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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

[6] In particular, in accordance with s.187(5)(a) of the Act, I am satisfied that The Australian Workers’ Union are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[7] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with The Australian Workers’ Union and that the Agreement covers this organisation.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 April 2015. The nominal expiry date of the Agreement is 17 April 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code {J}, AE413559  PR563193>

APPENDIX A