DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Silver City Drilling (NSW) Pty Ltd
(AG2015/3885)

SILVER CITY DRILLING ENTERPRISE AGREEMENT 2015

Tasmania
COMMISSIONER LEE	MELBOURNE, 15 JULY 2015

Application for approval of the Silver City Drilling Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Silver City Drilling Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Silver City Drilling (NSW) Pty Ltd. 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.

[4] The Agreement was approved on 15 July 2015 and, in accordance with s.54, will operate from 22 July 2015. The nominal expiry date of the Agreement is 14 July 2019.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Silver City Drilling (NSW) Pty Ltd applied for approval of the Silver City Drilling Enterprise Agreement 2015. The applicant sought to implement a new enterprise agreement to replace an existing one, which was set to expire. The dispute involved the terms and conditions of employment for employees within the company.

The court was tasked with determining whether the proposed agreement met the legal criteria for approval under the Fair Work Act. Specifically, it needed to consider whether the agreement was in the best interests of the employees and if it complied with the relevant provisions of the Act. The court also had to examine whether the agreement was genuinely negotiated and whether it provided a fair and reasonable outcome for the employees.

After reviewing the submissions and evidence presented, the Commission found that the agreement was genuinely negotiated and provided a fair and reasonable outcome for the employees. The Commission approved the agreement, finding that it met the legal criteria for approval under the Fair Work Act. The court noted that the agreement provided for a number of improvements for the employees, including increased wages and better working conditions. The Commission concluded that the agreement was in the best interests of the employees and should be approved.

The Commission approved the Silver City Drilling Enterprise Agreement 2015. The new agreement replaced the existing one and will apply to employees of Silver City Drilling (NSW) Pty Ltd from the date of the Commission's decision. The court's decision provides clarity for the parties and ensures that the employees will benefit from the improved terms and conditions of employment provided for in the new agreement.

Silver City Drilling (NSW) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established