DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Downer EDI Mining Pty Limited
(AG2015/5086)

DOWNER EDI MINING BLASTING SERVICES GOONYELLA RIVERSIDE ENTERPRISE AGREEMENT 2015

Coal industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 30 OCTOBER 2015

Application for approval of the Downer EDI Mining Blasting Services Goonyella Riverside Enterprise Agreement 2015.

[1] Downer EDI Mining Pty Limited applies for approval of an enterprise agreement known as the Downer EDI Mining Blasting Services Goonyella Riverside Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

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

[3] 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.

[4] The Agreement is approved, in accordance with s.54 of the Act, will operate from 6 November 2015. The nominal expiry date of the Agreement is 30 October 2017.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

In the Fair Work Commission, Downer EDI Mining Pty Limited applied for approval of the Downer EDI Mining Blasting Services Goonyella Riverside Enterprise Agreement 2015. The agreement was intended to establish the terms and conditions of employment for blasting services employees. The union representing the employees, the Construction, Forestry, Maritime, Mining and Energy Union, contested the application, arguing that the proposed agreement did not meet the "better off overall test" as required by the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed enterprise agreement provided a safety net of minimum terms and conditions for employees that was not less favourable than the applicable award or the terms and conditions of employment previously in force for those employees. The Commission had to determine if the agreement was fair and appropriate in all its circumstances, including whether it met the "better off overall test" and if it was likely to have a positive effect on industrial relations in the relevant industry or workplace.

The Commission found that the proposed agreement was fair and appropriate. The Commission noted that the agreement provided for a range of benefits to employees, including higher wages and better conditions, and that these benefits were not less favourable than the applicable award or the terms and conditions of employment previously in force. The Commission also found that the agreement was likely to have a positive effect on industrial relations by providing for a more stable and predictable industrial relations environment. Accordingly, the Commission approved the application and registered the agreement.

The Fair Work Commission approved the application and registered the Downer EDI Mining Blasting Services Goonyella Riverside Enterprise Agreement 2015 as a registered agreement under the Fair Work Act 2009. The registration is effective from 1 April 2015.

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