Downer EDI Mining – Blasting Services Pty Ltd

[2019] FWCA 1988

[2019] FWCA 1988

FAIR WORK COMMISSION

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

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Annexure A