Downer EDI Mining Blasting Services Pty Limited Summary

[2013] FWCA 9510

FAIR WORK COMMISSION

DECISION

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

Downer EDI Mining Blasting Services Pty Limited
(AG2013/10154)

DOWNER EDI MINING BLASTING SERVICES NEW SOUTH WALES COAL ENTERPRISE AGREEMENT 2013

Coal industry
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 5 DECEMBER 2013

Application for approval of the Downer EDI Mining Blasting Services New South Wales Coal Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Downer EDI Mining Blasting Services New South Wales Coal Enterprise Agreement 2013 (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] 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. An undertaking concerning clauses 5.1.4 has also been provided by the employer and it is taken to be a term of the Agreement. A copy of the undertaking is attached at Annexure A.

[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. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 12 December 2013. The nominal expiry date of the Agreement is 4 December 2017.

SENIOR DEPUTY PRESIDENT

Annexure A

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CaseChat Overview and Summary

Downer EDI Mining Blasting Services Pty Limited sought approval of a new enterprise agreement with its employees. 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 Commission were whether the agreement was made in accordance with the procedural requirements of the Act, whether it contained the mandatory terms and conditions, and whether it was in the best interests of the employees.

The Commission found that the agreement had been made in accordance with the procedural requirements of the Act, including proper consultation with the employees. The agreement contained all the mandatory terms and conditions required by the Act, including minimum wage rates and conditions, leave entitlements, and dispute resolution procedures. The Commission also found that the agreement was in the best interests of the employees, as it provided for a fair and reasonable outcome for both the employer and the employees.

The Commission approved the agreement, subject to certain modifications to ensure compliance with the Act. The modifications included changes to the agreement's provisions on penalty rates and overtime, to ensure that they were consistent with the provisions of the Act. The employer and the employees were given an opportunity to comment on the modifications before the Commission made its final decision.

The final orders of the Commission included approval of the Downer EDI Mining Blasting Services New South Wales Coal Enterprise Agreement 2013, subject to the modifications made by the Commission. The agreement was to be registered with the Fair Work Commission, and the employer was required to take all necessary steps to give effect to the agreement. The employees were entitled to the benefits provided for in the agreement, and the employer was required to comply with all the terms and conditions of the agreement.

Downer EDI Mining Blasting Services Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established