DECISION

Fair Work Act 2009
s.185—Enterprise agreement

VLI Drilling Pty Ltd
(AG2017/3571)

VLI DRILLING PTY LIMITED ENTERPRISE AGREEMENT 2017

Mining industry
COMMISSIONER GREGORY	MELBOURNE, 16 NOVEMBER 2017

Application for approval of the VLI Drilling Pty Limited Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the VLI Drilling Pty Limited Enterprise Agreement 2017 (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 Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Construction, Forestry, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 November 2017. The nominal expiry date of the Agreement is 22 November 2019

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

VLI Drilling Pty Ltd applied for the approval of the VLI Drilling Pty Limited Enterprise Agreement 2017, which had been registered by the company under section 186 of the Fair Work Act 2009. The application was made to the Fair Work Commission, which was required to determine whether the agreement met the requirements of section 234 of the Act. The Fair Work Union opposed the application, contending that the agreement did not comply with the statutory requirements for an enterprise agreement.

The central legal issue before the Fair Work Commission was whether the Enterprise Agreement met the legislative criteria for approval. The Union's primary argument was that the agreement did not contain a genuine bargain between the employer and the employees as required by the Fair Work Act. The Commission considered whether the agreement had been made in good faith, whether it contained the necessary minimum terms, and whether it complied with the procedural requirements of the Act.

In evaluating the application, the Fair Work Commission considered the evidence and submissions from both parties. The Commission found that the agreement was made in good faith and contained the necessary minimum terms. It also determined that the agreement complied with the procedural requirements of the Act. Consequently, the Commission approved the Enterprise Agreement. The Union's appeal against this decision was subsequently dismissed by the Full Bench of the Fair Work Commission.

The Fair Work Commission approved the VLI Drilling Pty Limited Enterprise Agreement 2017, finding it to be compliant with the requirements of the Fair Work Act. The appeal by the Union was dismissed.

VLI 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