DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wessel Drilling Pty Ltd
(AG2017/6694)

WESSEL DRILLING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 12 JANUARY 2018

Application for approval of the Wessel Drilling Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Wessel Drilling Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wessel 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 19 January 2018. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Wessel Drilling Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement with the CFMEU (Victorian Construction and General Division). The agreement was for the period of 2016 to 2018 and involved various terms and conditions of employment for the employees of Wessel Drilling. The Fair Work Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009.

The legal issues before the Fair Work Commission included whether the agreement was a genuine enterprise agreement, whether it complied with the minimum terms and conditions set out in the Fair Work Act, and whether it provided for genuine bargaining. The Commission also needed to consider whether the agreement was fair and reasonable in all its circumstances.

The Fair Work Commission determined that the agreement was a genuine enterprise agreement that had been fairly and reasonably negotiated between the parties. The Commission found that the agreement complied with the minimum terms and conditions set out in the Fair Work Act and provided for genuine bargaining. The Commission also found that the agreement was fair and reasonable in all its circumstances, taking into account the specific circumstances of the parties and the industry. The Commission approved the agreement, subject to certain modifications to ensure compliance with the Fair Work Act.

The Fair Work Commission approved the Wessel Drilling Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 - 2018, subject to certain modifications. The modifications included changes to the agreement to ensure compliance with the minimum terms and conditions set out in the Fair Work Act. The Commission also made changes to the agreement to ensure that it provided for genuine bargaining and was fair and reasonable in all its circumstances.

Wessel 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