DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Mining - Blasting Services Pty Ltd
(AG2017/1428)

DOWNER EDI MINING - BLASTING SERVICES QUEENSLAND ENTERPRISE AGREEMENT 2017

Coal industry
COMMISSIONER ROE	MELBOURNE, 17 MAY 2017

Application for approval of the Downer EDI Mining Blasting Services Queensland Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Downer EDI Mining Blasting Services Queensland Enterprise Agreement 2017 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Construction, Forestry, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 17 May 2017 and, in accordance with s.54, will operate from 24 May 2017. The nominal expiry date of the Agreement is 17 November 2019.

COMMISSIONER

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CaseChat Overview and Summary

The case involved an application by Downer EDI Mining – Blasting Services Pty Ltd to the Fair Work Commission for approval of the Downer EDI Mining Blasting Services Queensland Enterprise Agreement 2017. The dispute arose from negotiations between the company and the workers' representatives regarding the terms and conditions of employment. The Fair Work Commission was tasked with determining whether the proposed agreement met the requirements of the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for a proper process for the resolution of workplace disputes, whether it contained minimum terms that met the requirements of the Act, and whether it had been fairly negotiated. The Commission also considered whether the agreement complied with the Good Faith Bargaining provisions and if it provided for appropriate protections for employees.

The Fair Work Commission found that the agreement was fairly negotiated and contained all the required minimum terms. It determined that the dispute resolution process outlined in the agreement was sufficient, and that the protections for employees were adequate. The Commission was satisfied that the agreement met the requirements of the Fair Work Act and approved the application.

As a result, the Downer EDI Mining Blasting Services Queensland Enterprise Agreement 2017 was approved by the Fair Work Commission, and the terms and conditions set out in the agreement will apply to the employees covered by it. The Commission's decision provides clarity for both the employer and the employees regarding their rights and obligations under the agreement.

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