VLI Drilling Pty Limited Summary

[2023] FWCA 1399

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

VLI Drilling Pty Limited

(AG2023/1214)

VLI DRILLING PTY LIMITED ENTERPRISE AGREEMENT 2022

Mining industry
COMMISSIONER SIMPSON	BRISBANE, 16 MAY 2023

Application for approval of the VLI Drilling Pty Limited Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the VLI Drilling Pty Limited Enterprise Agreement 2022 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by VLI Drilling Pty Limited (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

Noting clause 4.4 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) lodged a Form F18 statutory declaration supporting approval of the Agreement and giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers the CFMMEU.

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

VLI Drilling Pty Limited applied for approval of the VLI Drilling Pty Limited Enterprise Agreement 2022 in the Fair Work Commission. The enterprise agreement sought to govern the terms and conditions of employment for employees of VLI Drilling Pty Limited. The application was opposed by the Australian Manufacturing Workers' Union, which raised concerns about the adequacy of the proposed agreement in relation to certain employment conditions.

The legal issues before the Commission involved whether the enterprise agreement complied with the requirements of the Fair Work Act 2009, including whether it met the "better off overall test" and was made in good faith. The Commission considered whether the agreement provided for fair and reasonable terms and conditions for the employees and whether the process by which the agreement was made was fair.

The Fair Work Commission found that the enterprise agreement complied with the requirements of the Act. The Commission was satisfied that the agreement was made in good faith and that the process by which it was made was fair. The Commission also found that the agreement provided for fair and reasonable terms and conditions for the employees, including in relation to wages, leave entitlements, and other employment conditions. The Commission approved the VLI Drilling Pty Limited Enterprise Agreement 2022, and it will now be binding on the parties from the date of the Commission's decision.

VLI Drilling Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established