DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Downer EDI Mining - Blasting Services Pty Limited
(AG2015/499)

DOWNER EDI MINING BLASTING SERVICES QUEENSLAND ENTERPRISE AGREEMENT 2015

Coal industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 26 MARCH 2015

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

[1] Downer EDI Mining - Blasting Services Pty Limited applies for approval of an enterprise agreement known as the Downer EDI Mining Blasting Services Queensland Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

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

[3] 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.

[4] The Agreement is approved and, in accordance with s.54(1)(b) of the Act, will operate from 2 April 2015. The nominal expiry date of the Agreement is 26 March 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Australian Building and Construction Commission (ABCC) applied to the Fair Work Commission (FWC) for approval of the Downer EDI Mining Blasting Services Queensland Enterprise Agreement 2015. The applicant, Downer EDI Mining - Blasting Services Pty Limited, is a company involved in mining services, and the respondent, Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), represents employees within the company. The dispute revolves around whether the enterprise agreement complies with the Fair Work Act 2009, particularly focusing on the provisions related to pay rates, penalty rates, and other employment conditions.

The legal issues before the FWC were whether the enterprise agreement adequately covered all the mandated topics under the Fair Work Act, including minimum rates of pay and penalty rates. Additionally, the FWC had to determine if the agreement was made in good faith and if it provided for the fair and reasonable terms and conditions of employment for the employees covered by the agreement.

The FWC considered the submissions from both parties and examined the agreement in detail. The FWC found that the agreement was comprehensive and covered all required topics. The FWC also determined that the agreement was made in good faith and provided for fair and reasonable terms and conditions of employment. The FWC approved the enterprise agreement, finding it to be compliant with the Fair Work Act.

As a result of the FWC's approval, the Downer EDI Mining Blasting Services Queensland Enterprise Agreement 2015 was adopted, and the employees covered by the agreement will now be governed by its terms and conditions. The FWC's decision ensures that the enterprise agreement meets the legal requirements and provides a fair and reasonable framework for the employment relationship between the company and its 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