Downer EDI Mining – Blasting Services Pty Ltd

[2019] FWCA 4245

[2019] FWCA 4245

FAIR WORK COMMISSION

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

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