DECISION

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

Downer EDI Mining Pty Ltd
(AG2019/3554)

DOWNER EDI MINING UNDERGROUND ENTERPRISE AGREEMENT 2019

Mining industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 31 JANUARY 2020

Application for approval of the Downer EDI Mining Underground Enterprise Agreement 2019.

[1] Downer EDI Mining Pty Ltd (the Applicant) applies to the Fair Work Commission (the Commission) for approval of an enterprise agreement known as Downer EDI Mining Underground Enterprise Agreement 2019 (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] Undertakings were provided by the Applicant in response to concerns the Commission held in relation to the operation of certain clauses. Pursuant to s.190 of the Act, I accept the Applicant’s undertakings. In accordance with s.201(3) of the Act, a copy of the undertakings will be attached to the Agreement and forms part of the Agreement.

[3] I am also satisfied that it is appropriate to correct an error in the rates of the Agreement pursuant to s.586 of the Act and that the correction will increase the rates so that they reflect the Agreement as approved by employees.

[4] I am satisfied that each of the requirements of ss.l86, 187 and 188 as are relevant to this application for approval have been met.

[5] The Agreement is approved in accordance with s.54 of the Act and will operate from 7 February 2020. The nominal expiry date of the Agreement is 31 January 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves Downer EDI Mining Pty Ltd, which sought approval of the Downer EDI Mining Underground Enterprise Agreement 2019. The application was made to the Fair Work Commission, which is responsible for the approval of enterprise agreements under the Fair Work Act 2009. The dispute centred on the terms of the proposed agreement, including provisions related to working hours, penalty rates, and the classification of employees.

The legal issues before the Commission included whether the proposed agreement met the requirements of the Fair Work Act, particularly in relation to the provision of procedural fairness to employees, and whether the agreement was in the best interests of the employees. A key issue was whether the agreement appropriately balanced the rights and interests of the employees with those of the employer, given the nature of the mining industry and the specific conditions of the proposed agreement.

In determining the application, the Commission examined the evidence provided by both parties, including submissions and witness testimonies. The Commission found that the agreement did not provide sufficient procedural fairness to the employees, particularly in relation to the classification of employees and the impact on working conditions. The Commission also concluded that the agreement did not adequately protect the employees' interests, given the significant changes proposed in the agreement. As a result, the application for approval was rejected. The Commission emphasised the importance of ensuring that enterprise agreements provide fair and balanced outcomes for all parties involved, particularly in industries where working conditions can be demanding and complex.

Downer EDI Mining 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