DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Mining - Blasting Services Pty Ltd
(AG2018/933)

DOWNER EDI MINING - BLASTING SERVICES MT THORLEY ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 27 JUNE 2018

Application for approval of the Downer EDI Mining - Blasting Services Mt Thorley Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Downer EDI Mining - Blasting Services Mt Thorley 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 Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 July 2018. The nominal expiry date of the Agreement is 26 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, Downer EDI Mining - Blasting Services Pty Ltd, sought approval of the Downer EDI Mining - Blasting Services Mt Thorley Enterprise Agreement 2018. The application was heard in the Fair Work Commission, which was asked to determine whether the agreement met the requirements of the Fair Work Act 2009.

The primary legal issue was whether the agreement contained all the minimum terms and conditions as required by the Fair Work Act. The applicants argued that the agreement provided for fair and reasonable terms, including provisions for pay rates, conditions of employment, and dispute resolution mechanisms. The Commission needed to examine these provisions to ensure they complied with the statutory minimum standards.

The Fair Work Commission found that the agreement was in line with the requirements of the Fair Work Act. The agreement included all the necessary minimum terms and conditions, such as appropriate pay rates, leave entitlements, and mechanisms for resolving disputes. The Commission concluded that the agreement was fair and reasonable and did not disadvantage any party. Consequently, the Commission approved the Downer EDI Mining - Blasting Services Mt Thorley Enterprise Agreement 2018.

The Fair Work Commission approved the Downer EDI Mining - Blasting Services Mt Thorley Enterprise Agreement 2018, finding it met the requirements of the Fair Work Act.

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