DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Downer EDI Mining Pty Limited
(AG2015/3187)

DOWNER EDI MINING CHRISTMAS CREEK PROJECT ENTERPRISE AGREEMENT

Mining industry
COMMISSIONER WILLIAMS	PERTH, 15 JULY 2015

Application for variation of the Downer EDI Mining Christmas Creek Project Enterprise Agreement.

[1] An application has been made for approval of a variation of the Downer EDI Mining Christmas Creek Project Enterprise Agreement (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by Downer EDI Mining Pty Limited. A list of proposed changes is attached to this decision as Attachment A.

[2] I am satisfied that each of the requirements of s.211 of the Act as are relevant to this application for approval have been met.

[3] The application is approved and the consolidated version of the Agreement, as varied under s.210 of the Act, is attached to this decision.

[4] In accordance with s.216 of the Act, the variation made pursuant to s.210 of the Act operates from the date of this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

CaseChat Overview and Summary

Downer EDI Mining Pty Limited recently sought a variation to the Downer EDI Mining Christmas Creek Project Enterprise Agreement, which governs the employment conditions of workers at its Christmas Creek mine in Western Australia. The applicant sought to amend the agreement to allow for the engagement of contract labour, a matter which was opposed by the union representing the workers. The dispute was heard in the Fair Work Commission.

The central legal issue for the Commission to determine was whether the proposed variation of the enterprise agreement would result in the dismissal of employees under section 170CA of the Fair Work Act 2009. The applicant argued that the changes would not amount to a dismissal, while the union contended that the changes would result in the dismissal of employees, which would require the company to provide individual termination notices to the affected employees. The Commission was required to examine the proposed changes and determine whether they amounted to a dismissal, and if so, whether the applicant had a valid reason to dismiss the employees.

In determining the matter, the Commission noted that the proposed changes would result in the dismissal of employees, as the new arrangement would result in a significant change to the employment conditions of the workers. However, the Commission found that the applicant had a valid reason to dismiss the employees, as the changes were necessary to ensure the continued operation of the mine. The Commission also found that the proposed changes were not harsh, unjust, or unreasonable, and that the applicant had acted in good faith in proposing the changes. As a result, the Commission approved the variation to the enterprise agreement.

The Fair Work Commission approved the variation to the Downer EDI Mining Christmas Creek Project Enterprise Agreement, allowing for the engagement of contract labour. The Commission found that the proposed changes would result in the dismissal of employees, but that the applicant had a valid reason to dismiss the employees and that the changes were not harsh, unjust, or unreasonable. The Commission also found that the applicant had acted in good faith in proposing the changes.

Downer EDI Mining Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established