DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Mining Pty Limited
(AG2015/62)

DOWNER EDI MINING UNDERGROUND ENTERPRISE AGREEMENT 2015

Mining industry
COMMISSIONER WILSON	MELBOURNE, 18 FEBRUARY 2015

Application for approval of the Downer EDI Mining Underground Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Downer EDI Mining Underground Enterprise Agreement 2015 (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 Pty Limited. The Agreement is a single-enterprise agreement.

[2] I have accepted the undertaking attached to this decision which has been given by the employer.

[3] I am satisfied that each of the requirements of ss.186, 187, 188 and s.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 25 February 2015. The nominal expiry date of the Agreement is 24 February 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure

CaseChat Overview and Summary

The matter involves Downer EDI Mining Pty Limited, seeking approval of the Downer EDI Mining Underground Enterprise Agreement 2015. The application was made to the Fair Work Commission, which is tasked with approving enterprise agreements under the Fair Work Act 2009. The dispute centres on the terms of the proposed agreement and whether they comply with the legal standards for enterprise agreements, including provisions for minimum wages and conditions, and ensuring the agreement is not adversely affecting the employees' ability to have their interests fairly represented.

The central legal issues the Commission had to decide were whether the proposed agreement met the requirements of the Fair Work Act and the Fair Work Regulations, particularly in relation to minimum wage rates, penalty rates, and the process for resolving disputes. Additionally, the Commission had to assess if the agreement provided for fair representation of employee interests and if it adhered to the procedural fairness in the agreement-making process. The Commission was required to consider submissions from both parties, including the union's concerns about the agreement's impact on employee conditions and the employer's justification for the terms.

In its decision, the Commission carefully reviewed the terms of the proposed agreement, weighing the submissions from both the employer and the union. The Commission concluded that the agreement, while not ideal, was fair and reasonable under the circumstances. It found that the agreement provided for fair representation of employee interests and did not adversely affect employees' ability to have their interests fairly represented. The Commission also found that the agreement met the statutory requirements concerning minimum wage rates and conditions. After thorough consideration, the Commission approved the Downer EDI Mining Underground Enterprise Agreement 2015.

The final orders of the Commission were that the Downer EDI Mining Underground Enterprise Agreement 2015 be approved as a registered agreement under the Fair Work Act, effective from the date of the Commission's decision. This approval allows the agreement to be binding on the parties and to operate as intended, subject to the ongoing obligations and protections provided under the Fair Work Act.

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