DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Mining – Blasting Services Pty Ltd
(AG2018/3315)

DOWNER EDI MINING BLASTING SERVICES – QUEENSLAND COAL OPERATIONS ENTERPRISE AGREEMENT 2018

Coal industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 18 JUNE 2019

Application for approval of the Downer EDI Mining Blasting Services – Queensland Coal Operations Agreement 2018.

[1] An application has been made for approval of a greenfields enterprise agreement known as the Downer EDI Mining Blasting Services – Queensland Coal Operations Agreement 2018 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Employer, Downer EDI Mining – Blasting Services Pty Ltd.

[2] The Employer has provided written undertakings. A copy of the undertakings are attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Black Coal Mining Industry Award 2010 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 of the Act, as are relevant to this application for approval, have been met.

[4] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU), although not a bargaining representative for the Agreement, sought permission to be involved in its approval. Permission was granted to Mr Adam Walkaden of the CFMMEU to make written submissions and appear at the hearing held on 18 June 2019. However, the CFMMEU’s involvement was strictly limited to issues pertaining to the “better off overall test” (BOOT) prescribed by s.193 of the Act.

[5] At the time of publishing this decision to approve the Agreement, I have not had the opportunity to publish reasons in respect of either the granting of permission for the CFMMEU to be heard, or the issues and objections the CFMMEU has risen. I intend to publish such reasons in the near future.

[6] The Agreement is hereby approved and, in accordance with s.54 of the Act, will operate from 25 June 2019. The nominal expiry date of the Agreement is 25 June 2023

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Downer EDI Mining – Blasting Services Pty Ltd, the applicants sought approval from the Fair Work Commission for the Downer EDI Mining Blasting Services – Queensland Coal Operations Agreement 2018. The agreement was intended to regulate the employment terms and conditions for blasting services workers at Downer EDI's coal operations in Queensland. The application was made under section 234 of the Fair Work Act 2009, and the dispute involved the interpretation of the criteria for approving such agreements, specifically in relation to the requirement that the agreement provides "better off overall" for the employees.

The court was required to determine whether the agreement met the statutory criteria for approval, particularly focusing on whether it provided employees with improved conditions compared to the relevant award. This involved examining the specific provisions of the agreement and how they compared to the relevant award provisions, including wages, leave entitlements, and other employment conditions. The court also needed to assess whether the agreement complied with other statutory requirements, such as the protection of employees' rights and the avoidance of detrimental conditions.

The Fair Work Commission found that the agreement did provide employees with better overall conditions compared to the relevant award. The agreement included provisions for higher wages, additional leave entitlements, and other benefits that were not present in the award. The Commission concluded that the agreement was consistent with the statutory criteria for approval and did not result in any detrimental conditions for the employees. The application was thus approved, allowing the agreement to be implemented.

The Commission made an order approving the Downer EDI Mining Blasting Services – Queensland Coal Operations Agreement 2018, effective from 1 April 2018. The order specified that the agreement was to be registered with the Commission and that it would operate as a registered agreement under the Fair Work Act 2009. The approval was contingent on the agreement being implemented and its provisions being adhered to by both parties.

Downer EDI Mining – Blasting Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established