Downer EDI Mining Blasting Services Pty Ltd

[2016] FWCA 3307

[2016] FWCA 3307

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Downer EDI Mining Blasting Services Pty Ltd
(AG2016/1076)

DOWNER EDI MINING BLASTING SERVICES WESTERN REGION METALLIFEROUS ENTERPRISE AGREEMENT 2013

Mining industry
COMMISSIONER CLOGHAN	PERTH, 1 JUNE 2016

Variation of enterprise agreement.

[1] This is an application by Downer EDI Mining Blasting Services Pty Ltd (Applicant) for approval of a variation of an enterprise agreement.

[2] The enterprise agreement is the Downer EDI Mining Blasting Services Western Region Metalliferous Enterprise Agreement 2013 (Agreement).

[3] The application is made pursuant to s.210 of the Fair Work Act 2009 (FW Act).

[4] In support of the application, the Applicant has provided:

• Form F23 – Application for approval of variation of an enterprise agreement;



• Form F23A – Employer’s statutory declaration in support of variation of an enterprise agreement;



• signed copy of the varied agreement; and



• letter outlining variations sought.

[5] Pursuant to s.211 of the FW Act, the Agreement is varied as follows.

[6] Deleting the title on the cover page, at Clause 1.1 and in the footer and inserting:

“Downer EDI Mining – Blasting Services Western Region Metalliferous Enterprise Agreement 2016 (Variation)”.

[7] Inserting new subclause 2.4.3 Existing Employees as follows, and renumbering existing subclauses:

“2.4.3 Existing Employees

The Company will preserve redundancy entitlements for existing Employees covered by the Agreement immediately prior to the commencement of this variation Agreement until 16 April 2017. The relevant Base Hourly Rate for the purposes of Severance and Retrenchment Pay for existing Employees are set out below:

Classification Level	Base Hourly Rate
Operator Level 1	$28.13
Operator Level 2	$30.64
Operator Level 3	$33.13
Operator Level 4	$35.35

[8] Replacing the listed Base Hourly Rates at Clause 3.1 Classification Structure and Rates with the following rates:

Classification Level	Base Hourly Rate
Operator Level 1	$26.44
Operator Level 2	$28.80
Operator Level 3	$31.14
Operator Level 4	$33.22

[9] Deleting Clause 3.2 Annual Wage Review and inserting:

“3.2 Annual Wage Review

The Base Hourly Rates above are fixed for the term of the Agreement.”

[10] Inserting the following at the beginning of subclause 3.3.3 Allowances:

“The Allowances in clause 3.3.3 below apply only to eligible Employees covered by the Agreement immediately prior to the commencement of this Agreement.”

[11] All employees who cast a valid vote approved the variations on 20 April 2016.

[12] The variations are operative from 1 June 2016.

[13] A consolidated version of the Agreement, as varied, is attached to this Decision.

COMMISSIONER

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