[2015] FWCA 204

The attached document replaces the document previously issued with the above code on 9 January 2015.

The words “Application for approval of the” were removed from the preamble title of the agreement, in bold.

Laura Clark

Relief Associate to Commissioner Simpson

13 January 2015

[2015] FWCA 204

FAIR WORK COMMISSION

DECISION

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

Tru Blu Hire & DiCore Drilling Pty Ltd
(AG2014/10295)

DICORE DRILLING ICHTHYS ONSHORE CONSTRUCTION GREENFIELDS AGREEMENT

Northern Territory
COMMISSIONER SIMPSON	BRISBANE, 9 JANUARY 2015

Application for approval of the DiCore Drilling Ichthys Onshore Construction Greenfields Agreement.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 12 December 2014 by Tru Blu Hire & DiCore Drilling Pty Ltd for the approval of a Greenfields agreement known as the DiCore Drilling Ichthys Onshore Construction Greenfields Agreement. (“the Agreement”)

[2] Statutory declarations were provided by:

• Mr G Rawlins, Managing Director of Tru Blu Hire & DiCore Drilling Pty Ltd;

• Mr J Ingham, Divisional Branch Secretary of the Construction, Forestry, Mining and Energy Union (the “CFMEU”);

• Mr P Ong, Deputy Divisional Branch Secretary of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the “CEPU”);

• Mr R Webb, State Secretary of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (the “AMWU”); and

• Mr S McDine, National Secretary of The Australian Workers’ Union, (the “AWU”).

[3] In light of the statutory declarations and in accordance with s.187(5)(a) of the Act, I am satisfied that the CFMEU, CEPU, AMWU and the AWU 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 and that it is in the public interest to approve the Agreement.

[4] 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.

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Court involved Tru Blu Hire and DiCore Drilling Pty Ltd, with the central dispute being the approval of the DiCore Drilling Ichthys Onshore Construction Greenfields Agreement. The Federal Court of Australia was tasked with deciding whether to approve the proposed agreement, which would facilitate the construction of a facility in Greenfields. The application was made under the Fair Work Act 2009, with Tru Blu Hire arguing that the agreement was in the best interests of the employees and the business.

The legal issues before the Court included whether the agreement was fair and appropriate, considering the interests of the employees and the business. The Court had to assess if the agreement met the statutory criteria for approval under the Fair Work Act, including whether it provided for better working conditions, wages, and benefits for employees, and whether it was likely to lead to improved productivity and efficiency in the business. The Court also had to consider whether the agreement complied with the principles of good faith bargaining and if it provided a fair balance between the interests of the employer and the employees.

In reaching its decision, the Court carefully examined the terms of the agreement and the submissions made by both parties. The Court found that the agreement provided for improved working conditions, wages, and benefits for the employees, and it was likely to lead to increased productivity and efficiency in the business. The Court also determined that the agreement was the product of good faith bargaining and provided a fair balance between the interests of the employer and the employees. Based on these findings, the Court approved the DiCore Drilling Ichthys Onshore Construction Greenfields Agreement.

The Court's approval of the agreement was accompanied by an order that the agreement be registered with the Fair Work Commission and that it would be in effect from the date of registration. The Court also ordered that any disputes arising from the agreement would be subject to the dispute resolution processes outlined in the agreement and the Fair Work Act. This decision provides clarity and certainty for both parties and allows the construction project to proceed with the agreed terms in place.

Tru Blu Hire & DiCore Drilling 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