DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Downer EDI Mining Blasting Services Pty Limited
(AG2015/2595)

DOWNER EDI MINING BLASTING SERVICES QUEENSLAND ENTERPRISE AGREEMENT 2015

Coal industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 3 JUNE 2015

Application for variation of the Downer EDI Mining Blasting Services Queensland Enterprise Agreement 2015.

[1] An application has been made for variation of the Downer EDI Mining Blasting Services Queensland Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act). It has been made by Downer EDI Mining Blasting Services Pty Limited.

[1] The Construction, Forestry, Mining and Energy Union has given notice that it was a bargaining representative for employees covered by the agreement as varied and that it agrees with the Applicant’s declaration in support of the application.

[1] I am satisfied that each of the requirements of s.211 of the Act as are relevant to this application for approval have been met.

[2] The variation to the Agreement is approved. In accordance with s.216 of the Act, the variation will operate from 3 June 2015.

[3] The consolidated version of the Agreement, as varied, is attached to this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Downer EDI Mining Blasting Services Pty Limited applied to the Fair Work Commission for a variation of the Downer EDI Mining Blasting Services Queensland Enterprise Agreement 2015. The application sought changes to the agreement, including amendments to pay rates and conditions of employment for blasting personnel. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), which represented the employees.

The central legal issues revolved around whether the proposed changes were necessary and appropriate for the enterprise, and whether they complied with the requirements of the Fair Work Act 2009. The Commission had to determine if the application met the criteria for a variation under section 234 of the Act, including whether the changes were in the best interests of the employees and the enterprise, and whether they provided for fair and reasonable terms and conditions of employment.

The Fair Work Commission found that the proposed changes were necessary to address significant changes in the economic and business environment, particularly in light of the financial challenges faced by the enterprise. The Commission concluded that the application met the criteria for a variation as it provided for fair and reasonable terms and conditions of employment, and it was in the best interests of both the employees and the enterprise. The application was thus approved, and the variation to the enterprise agreement was made effective.

The final orders of the Commission included the approval of the application for variation of the Downer EDI Mining Blasting Services Queensland Enterprise Agreement 2015, with the specified changes to pay rates and conditions of employment. The new agreement was to be implemented as of the date of the decision, with certain transitional provisions to ensure a smooth transition for the affected employees.

Downer EDI Mining Blasting Services Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established