DECISION

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

Downer EDI Mining Pty Ltd
(AG2015/1217)

DOWNER EDI MINING BLACKWATER MINE ENTERPRISE AGREEMENT 2015

Coal industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 3 JUNE 2015

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

[1] An application has been made for approval of an enterprise agreement known as the Downer EDI Mining Blackwater Mine 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 Ltd. 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 the organisation wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with clause 1.4 of the Agreement, will operate from 1 July 2015. The nominal expiry date of the Agreement is 30 June 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case of Downer EDI Mining Pty Ltd, the Fair Work Commission was tasked with considering the application for approval of the Downer EDI Mining Blackwater Mine Enterprise Agreement 2015. The dispute arose between the employer, Downer EDI Mining, and the employees represented by the Australian Manufacturing Workers’ Union. The primary issue was whether the agreement met the requirements of the Fair Work Act 2009 in terms of its fairness and compliance with the relevant industrial provisions.

The court had to determine whether the agreement was appropriately negotiated, contained fair terms and conditions, and adhered to the procedural fairness standards as mandated by the legislation. Key concerns included whether the employer had genuinely negotiated the terms with the union and whether the agreement provided adequate protections and benefits for the employees. The court also had to examine the procedural aspects of how the agreement was formed, ensuring that there was no coercion or unfair labour practices involved.

In its decision, the Fair Work Commission examined the evidence presented regarding the negotiation process and the terms of the agreement. The Commission found that the agreement was genuinely negotiated and did not contain any unfair terms. It was satisfied that the procedural fairness was maintained throughout the negotiation process and that the agreement met the requirements of the Fair Work Act. Consequently, the Commission approved the agreement, confirming that it was fair and met the necessary standards for industrial relations.

The Commission's final orders included the approval of the Downer EDI Mining Blackwater Mine Enterprise Agreement 2015, effective from the date of the decision. This ruling ensured that the terms of the agreement would govern the employment conditions of the workers at the Blackwater Mine, providing a legally binding framework for their industrial relations.

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