Wessel Drilling Pty Ltd T/A Wessel Drilling Pty Ltd Summary

[2021] FWCA 6245

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wessel Drilling Pty Ltd T/A Wessel Drilling Pty Ltd
(AG2021/7661)

WESSEL DRILLING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS PILING ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 12 OCTOBER 2021

Application for approval of the WESSEL DRILLING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Piling Enterprise Agreement 2020-2023

[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) Subcontractors Piling Enterprise Agreement 2020-2023 (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 T/A 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Construction, Forestry, Maritime, 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 October 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

Wessel Drilling Pty Ltd, trading as Wessel Drilling Pty Ltd, sought approval of a proposed enterprise agreement with the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Subcontractors Piling Enterprise Agreement 2020-2023. The matter was heard in the Fair Work Commission. The central issue before the Commission was whether the proposed agreement was in the best interests of the employees covered by it. This involved examining the agreement's provisions to determine if they were fair, reasonable, and balanced, taking into account various factors including the economic circumstances, comparative rates of pay, and the overall welfare of the employees.

The Commission carefully considered the submissions from both parties, examining the specific clauses of the agreement and their implications. The Commission assessed the economic context, the comparative rates of pay and conditions, and the overall fairness of the proposed terms. It was crucial to ensure that the agreement did not disadvantage the employees and provided a reasonable balance of rights and obligations. After thorough analysis, the Commission found that the proposed agreement was fair and reasonable, meeting all the necessary criteria for approval.

Consequently, the Fair Work Commission approved the Wessel Drilling Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Piling Enterprise Agreement 2020-2023. The Commission's decision was based on the comprehensive evaluation of the agreement's provisions, which it deemed to be in the best interests of the employees involved. The final orders of the Commission were that the proposed agreement be approved and registered under the Fair Work Act 2009.

Wessel Drilling Pty Ltd T/A Wessel Drilling Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established