DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Mining - Blasting Services Pty Limited
(AG2018/6361)

DOWNER EDI MINING BLASTING SERVICES SAVAGE RIVER ENTERPRISE AGREEMENT 2018

Mining industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 18 MARCH 2019

Application for approval of the Downer EDI Mining Blasting Services Savage River Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Downer EDI Mining Blasting Services Savage River Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Downer EDI Mining - Blasting Services Pty Limited. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 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 was approved on 18 March 2019 and, in accordance with s.54, will operate from 25 March 2019. The nominal expiry date of the Agreement is 23 May 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Downer EDI Mining - Blasting Services Pty Limited applied to the Fair Work Commission for the approval of the Downer EDI Mining Blasting Services Savage River Enterprise Agreement 2018. The dispute centred around whether the proposed agreement complied with the statutory requirements of the Fair Work Act 2009. The Commission was tasked with determining if the agreement was sufficiently in the interests of the employees, including whether it provided fair and reasonable terms and conditions.

The court had to decide if the agreement met the threshold criteria for approval, including whether it provided for the minimum terms and conditions set out in the Safety Net Award, and if it included provisions that were fair and reasonable. The application involved scrutiny of the proposed changes to the employees' working conditions, hours of work, leave entitlements, and the overall fairness of the agreement in light of the employees' interests and the business needs of the employer.

In its decision, the Fair Work Commission found that the proposed enterprise agreement met the necessary criteria for approval. The agreement was deemed to provide for fair and reasonable terms and conditions, taking into account the specific circumstances of the workforce. The Commission noted the balance achieved in the agreement between the interests of the employees and the operational requirements of the employer. Consequently, the application for approval of the Downer EDI Mining Blasting Services Savage River Enterprise Agreement 2018 was approved.

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