DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Mining - Blasting Services Pty Ltd
(AG2018/625)

DOWNER EDI MINING - BLASTING SERVICES NSW COAL ENTERPRISE AGREEMENT 2018

Coal industry
COMMISSIONER JOHNS	SYDNEY, 22 MAY 2018

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 (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 29 May 2018. The nominal expiry date of the Agreement is 22 May 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Downer EDI Mining - Blasting Services Pty Ltd sought approval of the Downer EDI Mining - Blasting Services NSW Coal Enterprise Agreement 2018 from the Fair Work Commission. The applicant, a company involved in the coal industry, sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The dispute centred around the terms of the agreement, particularly those related to employee entitlements and conditions of employment.

The legal issues that the Commission had to resolve involved whether the agreement met the requirements for registration under the Fair Work Act, including whether it had been negotiated in good faith and whether it contained the minimum terms and conditions prescribed by the Act. Additionally, the Commission had to consider whether the agreement was likely to result in improved productivity and efficiency in the workplace.

The Commission found that the agreement had been negotiated in good faith and contained all the required minimum terms and conditions. It was satisfied that the agreement was likely to result in improved productivity and efficiency in the workplace. The Commission approved the agreement and registered it as a registered agreement under the Fair Work Act. The applicant was directed to take all necessary steps to give effect to the agreement.

The Court did not provide any further orders beyond the registration of the agreement. The decision of the Fair Work Commission is final and binding, and the applicant is required to comply with the terms of the registered agreement. The decision is an important reminder of the importance of ensuring that enterprise agreements meet the requirements of the Fair Work Act and are negotiated in good faith.

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