Downer EDI Mining Pty Ltd

[2020] FWCA 481

[2020] FWCA 481

FAIR WORK COMMISSION

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

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