DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Mining – Blasting Services Pty Ltd
(AG2018/6537)

DOWNER EDI MINING – BLASTING SERVICES NSW COAL ENTERPRISE AGREEMENT 2018

Coal industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 26 MARCH 2019

Application for approval of the Downer EDI Mining - Blasting Services NSW Coal Enterprise Agreement 2018.

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

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 April 2019. The nominal expiry date of the Agreement is 25 March 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Downer EDI Mining – Blasting Services Pty Ltd was the applicant in an application before the Fair Work Commission, seeking approval of the Downer EDI Mining – Blasting Services NSW Coal Enterprise Agreement 2018. The respondents were the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and the Electrical Trades Union of Australia (ETUA). The application arose from the Fair Work Act 2009, which mandates the approval of enterprise agreements by the Commission. The agreement was designed to establish terms and conditions for employees engaged in blasting services within Downer EDI Mining’s NSW coal operations.

The primary legal issues before the Commission were whether the agreement complied with the statutory requirements of the Fair Work Act and the Fair Work Regulations, including provisions regarding employee representation, negotiation, and the resolution of disputes. Specifically, the Commission had to determine whether the agreement was made in good faith, was free from coercion and undue influence, and provided adequate protections and benefits for employees. The CFMEU raised concerns about the agreement's provisions on employee entitlements and the process by which the agreement was negotiated.

The Commission found that the agreement was made in good faith and met all statutory requirements. It considered the process of negotiation, the nature of the agreement, and the rights and protections it afforded to employees. The Commission emphasised that the agreement was the result of genuine negotiations between the parties and that it provided fair and reasonable terms and conditions. The Commission also noted the absence of any evidence of coercion or undue influence in the negotiation process. Consequently, the Commission approved the agreement, finding it to be compliant with the relevant legislative provisions.

The Fair Work Commission approved the Downer EDI Mining – Blasting Services NSW Coal Enterprise Agreement 2018. The decision confirmed the validity and enforceability of the agreement, paving the way for its implementation within the specified scope of Downer EDI Mining's NSW coal operations. The Commission's approval underscored the agreement's compliance with the Fair Work Act and Regulations, ensuring that it provided adequate protections and benefits for employees while maintaining fair and reasonable terms for the employer.

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