Wessel Drilling Pty Ltd Summary

[2025] FWCA 2724

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Wessel Drilling Pty Ltd

(AG2025/2612)

WESSEL DRILLING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS PILING ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 2 SEPTEMBER 2025

Application for approval of the Wessel Drilling Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Piling Enterprise Agreement 2024 - 2027

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 2024 - 2027 (Agreement). The application was made by Wessel Drilling Pty Ltd (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

The application was not lodged within 14 days after the Agreement was made. The Applicant indicated that this was due to an administrative error and sought that the Fair Work Commission exercise its discretion to grant an extension of time, noting the substantial benefits the Agreement offers to the employees it covers. Pursuant to s.185(3)(b) of the Act, in all the circumstances I consider it fair to extend the time for making the application to the date it was made, being 6 August 2025, and grant the extension until that date.

On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement have been met.

The Construction, Forestry and Maritime Employees 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) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 September 2025. The nominal expiry date of the Agreement is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Wessel Drilling Pty Ltd applied for approval of a proposed Enterprise Agreement with the CFMEU (Victorian Construction and General Division) Subcontractors. The dispute involved the terms of the agreement and whether it complied with the requirements of the Fair Work Act 2009. The case was heard by the Fair Work Commission.

The primary legal issues before the Commission were whether the agreement met the criteria for approval under the Fair Work Act and whether it provided for fair and reasonable terms and conditions for employees. This included assessing the agreement's compliance with the "better off overall test" and ensuring it did not disadvantage any employee. The Commission also needed to determine if the agreement was made in good faith and whether it included appropriate mechanisms for resolving disputes.

After reviewing the application, the Commission found that the agreement was fair and reasonable, met the "better off overall test," and did not disadvantage any employee. The Commission also concluded that the agreement was made in good faith and contained appropriate dispute resolution mechanisms. Consequently, the Commission approved the Wessel Drilling Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Piling Enterprise Agreement 2024 - 2027.

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